CELEX: 32009L0042
Language: en
Date: 2009-05-06 00:00:00
Title: Directive 2009/42/EC of the European Parliament and of the Council of 6 May 2009 on statistical returns in respect of carriage of goods and passengers by sea (Recast) (Text with EEA relevance)

6.6.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 141/29
            
         
      DIRECTIVE 2009/42/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   
   of 6 May 2009
   on statistical returns in respect of carriage of goods and passengers by sea
   (Recast)
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 285(1) thereof,
   Having regard to the proposal from the Commission,
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (1),
   Whereas:
   
               (1)
            
            
               Council Directive 95/64/EC of 8 December 1995 on statistical returns in respect of carriage of goods and passengers by sea (2) has been substantially amended several times (3). Since further amendments are to be made, it should be recast in the interests of clarity.
            
         
               (2)
            
            
               To carry out the tasks entrusted to it in the context of the common maritime transport policy, the Commission (Eurostat) should have at its disposal comparable, reliable, synchronised and regular statistical data on the scale and development of the carriage of goods and passengers by sea to and from the Community, between Member States and for domestic sea transport.
            
         
               (3)
            
            
               It is also important for Member States and economic operators to have a good knowledge of the maritime transport market.
            
         
               (4)
            
            
               The collection of Community statistical data on a comparable or harmonised basis makes it possible to establish an integrated system providing reliable, consistent and up-to-date information.
            
         
               (5)
            
            
               The data on the transport of goods and passengers by sea have to be made comparable between Member States and between the different modes of transport.
            
         
               (6)
            
            
               In accordance with the principle of subsidiarity, the creation of common statistical standards enabling harmonised information to be produced can only be tackled efficiently at Community level. Data will be collected in each Member State under the authority of the bodies and institutions in charge of compiling official statistics.
            
         
               (7)
            
            
               The measures necessary for the implementation of this Directive 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 (4).
            
         
               (8)
            
            
               In particular, the Commission should be empowered to adopt certain detailed rules for implementing this Directive. Since those measures are of general scope and are designed to amend non-essential elements of this Directive, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
            
         
               (9)
            
            
               The new elements introduced into this Directive only concern the committee procedures. They therefore do not need to be transposed by the Member States.
            
         
               (10)
            
            
               This Directive should be without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directive set out in Annex IX, Part B,
            
         HAVE ADOPTED THIS DIRECTIVE:
   Article 1
   Collection of statistical data
   Member States shall collect Community statistics on the carriage of goods and passengers by seagoing vessels calling at ports in their territories.
   Article 2
   Definitions
   For the purposes of this Directive:
   
               (a)
            
            
               ‘carriage of goods and passengers by sea’ means the movement of goods and passengers using seagoing vessels, on voyages which are undertaken wholly or partly at sea.
               The scope of this Directive shall also include goods:
               
                           (i)
                        
                        
                           shipped to offshore installations;
                        
                     
                           (ii)
                        
                        
                           reclaimed from the seabed and unloaded in ports.
                        
                     Bunkers and stores supplied to vessels shall be excluded from the scope of this Directive;
            
         
               (b)
            
            
               ‘seagoing vessels’ means vessels other than those which navigate exclusively in inland waters or in waters within, or closely adjacent to, sheltered waters or areas where port regulations apply.
               This Directive shall not apply to fish-catching vessels, fish-processing vessels, vessels for drilling and exploration, tugs, pusher craft, research and survey vessels, dredgers, naval vessels or vessels used solely for non-commercial purposes;
            
         
               (c)
            
            
               ‘port’ means a place having facilities for merchant ships to moor and to load or unload cargo or to disembark or embark passengers to or from vessels;
            
         
               (d)
            
            
               ‘nationality of the maritime transport operator’ means that corresponding to the country in which the effective centre of the transport operator’s commercial activity is located;
            
         
               (e)
            
            
               ‘maritime transport operator’ means any person by whom or on behalf of whom a contract for the transport of goods or persons by sea is concluded with a shipper or a passenger.
            
         Article 3
   Data collection characteristics
   1.   Member States shall collect data relating to:
   
               (a)
            
            
               cargo and passenger information;
            
         
               (b)
            
            
               information on the vessel.
            
         Vessels with a gross tonnage of less than 100 may be excluded from the data collection.
   2.   The characteristics of the data collection, namely the statistical variables in each domain and the nomenclatures for their classification, as well as their periodicity of observation, are set out in Annexes I to VIII.
   3.   The data collection shall be based, in so far as possible, on available sources, limiting the burden on respondents.
   4.   The Commission shall adapt the data collection characteristics and the content of Annexes I to VIII to economic and technical developments in so far as such adaptation does not involve a substantial increase in cost for the Member States and/or in the burden on respondents.
   Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(3).
   Article 4
   Ports
   1.   For the purposes of this Directive, the Commission shall draw up a list of ports, coded and classified according to countries and maritime coastal areas.
   Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(3).
   2.   Each Member State shall select from the list referred to in paragraph 1 any port handling more than one million tonnes of goods or recording more than 200 000 passenger movements annually.
   For each port selected, detailed data are to be provided, in conformity with Annex VIII, for the domains (goods and passengers) in which that port meets the selection criterion, and with summary data, if appropriate, for the other domain.
   3.   For the ports which are not selected from the list, summary data are to be provided in conformity with Annex VIII, data set A3.
   Article 5
   Accuracy of statistics
   The methods of collecting data shall be such that Community sea transport statistics display the precision required for the statistical data sets described in Annex VIII.
   The Commission shall draw up the standards of accuracy.
   Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(3).
   Article 6
   Processing of the results of the data collection
   Member States shall process the statistical information collected pursuant to Article 3, in order to obtain comparable statistics, with the standard of accuracy referred to in Article 5.
   Article 7
   Transmission of the results of the data collection
   1.   Member States shall transmit the results of the data collection referred to in Article 3 to the Commission (Eurostat), including the data declared confidential by the Member States pursuant to domestic legislation or practice concerning statistical confidentiality, in accordance with Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics (5).
   2.   The results shall be transmitted in accordance with the structure of the statistical data sets defined in Annex VIII. The technical details for transmission of the results shall be specified in accordance with the management procedure referred to in Article 10(2).
   3.   The transmission of the results shall take place within five months of the end of the period of observation for data of quarterly periodicity and within eight months for data of annual periodicity.
   The first transmission shall cover the first quarter of 1997.
   Article 8
   Reports
   Member States shall provide the Commission (Eurostat) with all relevant information on the methods used in compiling the data. They shall also forward details of substantial changes in the methods used to collect the data.
   Article 9
   Dissemination of statistical data
   The Commission (Eurostat) shall disseminate appropriate statistical data with a periodicity comparable to that of the results transmitted.
   The arrangements for publication or dissemination of the statistical data by the Commission (Eurostat) shall be adopted in accordance with the management procedure referred to in Article 10(2).
   Article 10
   Committee procedure
   1.   The Commission shall be assisted by the European Statistical System Committee set up by Regulation (EC) No 223/2009.
   2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.
   3.   Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   Article 11
   Communication of national provisions
   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field governed by this Directive.
   Article 12
   Repeal
   Directive 95/64/EC, as amended by the acts listed in Annex IX, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time limits for transposition into national law of the Directive set out in Annex IX, Part B.
   References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex X.
   Article 13
   Entry into force
   This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   Article 14
   Addressees
   This Directive is addressed to the Member States.
   
      Done at Strasbourg, 6 May 2009.
      
         
            For the European Parliament
         
         
            The President
         
         H.-G. PÖTTERING
         
      
      
         
            For the Council
         
         
            The President
         
         J. KOHOUT
         
      
   
   
      (1)  Opinion of the European Parliament of 21 October 2008 (not yet published in the Official Journal) and Council Decision of 23 April 2009.
   
      (2)  OJ L 320, 30.12.1995, p. 25.
   
      (3)  See Annex IX, Part A.
   
      (4)  OJ L 184, 17.7.1999, p. 23.
   
      (5)  OJ L 87, 31.3.2009, p. 164.
   
      ANNEX I
      
         VARIABLES AND DEFINITIONS
      
      1.   Statistical Variables
      
      (a)   Cargo and passenger information
      
      
                  —
               
               
                  Gross weight of goods in tonnes,
               
            
                  —
               
               
                  type of cargo, according to the nomenclature shown in Annex II,
               
            
                  —
               
               
                  description of the goods, using the nomenclature shown in Annex III,
               
            
                  —
               
               
                  reporting port,
               
            
                  —
               
               
                  direction of movement, whether inwards or outwards,
               
            
                  —
               
               
                  for inward cargo: the port of loading (i.e. the port in which the cargo was loaded on to the ship in which it arrived in the reporting port) using individual ports in the European Economic Area (EEA) countries shown in the port list, and the maritime coastal areas outside the EEA countries, shown in Annex IV,
               
            
                  —
               
               
                  for outward cargo: the port of unloading (i.e. the port in which the cargo is to be unloaded from the ship in which it left the reporting port) using individual ports in the EEA countries shown in the port list, and the maritime coastal areas outside the EEA countries, shown in Annex IV,
               
            
                  —
               
               
                  number of passengers starting or finishing a voyage as well as number of cruise passengers on a cruise passenger excursion.
               
            For goods carried in containers or ro-ro units, the following additional particulars shall be provided:
      
                  —
               
               
                  total number of containers (with and without cargo),
               
            
                  —
               
               
                  number of containers without cargo,
               
            
                  —
               
               
                  total number of mobile (ro-ro) units with and without cargo,
               
            
                  —
               
               
                  number of mobile (ro-ro) units without cargo.
               
            (b)   Information on the vessel
      
      
                  —
               
               
                  Number of vessels;
               
            
                  —
               
               
                  deadweight of vessels or gross tonnage;
               
            
                  —
               
               
                  country or territory of registration of vessels, using the nomenclature shown in Annex V;
               
            
                  —
               
               
                  type of vessels, using the nomenclature shown in Annex VI;
               
            
                  —
               
               
                  size of vessels, using the nomenclature shown in Annex VII.
               
            2.   Definitions
      
      
                  (a)
               
               
                  ‘Freight container’ means an article of transport equipment:
                  
                              1.
                           
                           
                              of a permanent nature and accordingly strong enough to be suitable for repeated use;
                           
                        
                              2.
                           
                           
                              specially designed to facilitate the carriage of goods by one or more modes of transport, without intermediate reloading;
                           
                        
                              3.
                           
                           
                              fitted with devices permitting its ready handling, particularly its transfer from one mode of transport to another;
                           
                        
                              4.
                           
                           
                              so designed as to be easy to fill and empty;
                           
                        
                              5.
                           
                           
                              having a length of 20 feet or more.
                           
                        
            
                  (b)
               
               
                  ‘Ro-ro unit’ means wheeled equipment for carrying cargo, such as a truck, trailer or semi-trailer, which can be driven or towed on to a vessel. Port or ships' trailers are included in this definition. Classifications should follow United Nations ECE Recommendation No 21 ‘Codes for types of cargo, packages and packaging materials’.
               
            
                  (c)
               
               
                  ‘Container cargo’ means containers with or without cargo which are lifted on or off the vessels which carry them by sea.
               
            
                  (d)
               
               
                  ‘Ro-ro cargo’ means goods, whether or not in containers, on ro-ro units, and ro-ro units which are rolled on and off the vessels which carry them by sea.
               
            
                  (e)
               
               
                  ‘Gross weight of goods’ means the tonnage of goods carried, including packaging but excluding the tare weight of containers or ro-ro units.
               
            
                  (f)
               
               
                  ‘Deadweight (DWT)’ means the difference in tonnes between the displacement of a ship on summer load-line in water with a specific gravity of 1,025 and the total weight of the ship, i.e. the displacement in tonnes of a ship without cargo, fuel, lubricating oil, ballast water, fresh water and drinking water in the tanks, usable supplies as well as passengers, crew and their possessions.
               
            
                  (g)
               
               
                  ‘Gross tonnage’ means the measure of the overall size of a ship determined in accordance with the provisions of the International Convention on Tonnage Measurement of Ships, 1969.
               
            
                  (h)
               
               
                  ‘Cruise passenger’ means a sea passenger making a sea journey on a cruise ship. Passengers on day excursions are excluded.
               
            
                  (i)
               
               
                  ‘Cruise ship’ means a passenger ship intended to provide passengers with a full tourist experience. All passengers have cabins. Facilities for entertainment aboard are included. Ships operating normal ferry services are excluded, even if some passengers treat the service as a cruise. In addition, cargo-carrying vessels able to carry a very limited number of passengers with their own cabins are also excluded. Ships intended solely for day excursions are also excluded.
               
            
                  (j)
               
               
                  ‘Cruise passenger excursion’ means a short visit by a cruise passenger to a tourist attraction associated with a port while retaining a cabin on board.
               
            
   
      ANNEX II
      
         TYPE OF CARGO CLASSIFICATION
      
      
                  Category (1)
                  
               
               
                  Code
                  1 digit
               
               
                  Code
                  2 digits
               
               
                  Description
               
               
                  Tonnage
               
               
                  Number
               
            
                  Liquid bulk
               
               
                  1
               
               
                  1X
               
               
                  Liquid bulk goods (no cargo unit)
               
               
                  X
               
               
                   
               
            
                  11
               
               
                  Liquefied gas
               
               
                  X
               
               
                   
               
            
                  12
               
               
                  Crude oil
               
               
                  X
               
               
                   
               
            
                  13
               
               
                  Oil products
               
               
                  X
               
               
                   
               
            
                  19
               
               
                  Other liquid bulk goods
               
               
                  X
               
               
                   
               
            
                  Dry bulk
               
               
                  2
               
               
                  2X
               
               
                  Dry bulk goods (no cargo unit)
               
               
                  X
               
               
                   
               
            
                  21
               
               
                  Ores
               
               
                  X
               
               
                   
               
            
                  22
               
               
                  Coal
               
               
                  X
               
               
                   
               
            
                  23
               
               
                  Agricultural products (e.g. grain, soya, tapioca)
               
               
                  X
               
               
                   
               
            
                  29
               
               
                  Other dry bulk goods
               
               
                  X
               
               
                   
               
            
                  Containers
               
               
                  3
               
               
                  3X
               
               
                  Large containers
               
               
                  X (2)
                  
               
               
                  X
               
            
                  31
               
               
                  20 ft freight units
               
               
                  X (2)
                  
               
               
                  X
               
            
                  32
               
               
                  40 ft freight units
               
               
                  X (2)
                  
               
               
                  X
               
            
                  33
               
               
                  Freight units > 20 ft and < 40 ft
               
               
                  X (2)
                  
               
               
                  X
               
            
                  34
               
               
                  Freight units > 40 ft
               
               
                  X (2)
                  
               
               
                  X
               
            
                  Roll-on roll-off
                  (self-propelled)
               
               
                  5
               
               
                  5X
               
               
                  Mobile self-propelled units
               
               
                  X
               
               
                  X
               
            
                  51
               
               
                  Road goods vehicles and accompanying trailers
               
               
                  X (2)
                  
               
               
                  X
               
            
                  52
               
               
                  Passenger cars, motorcycles and accompanying trailers/caravans
               
               
                   
               
               
                  X (3)
                  
               
            
                  53
               
               
                  Passenger buses
               
               
                   
               
               
                  X (3)
                  
               
            
                  54
               
               
                  Trade vehicles (including import/export motor vehicles)
               
               
                  X
               
               
                  X (3)
                  
               
            
                  56
               
               
                  Live animals on the hoof
               
               
                  X
               
               
                  X (3)
                  
               
            
                  59
               
               
                  Other mobile self-propelled units
               
               
                  X
               
               
                  X
               
            
                  Roll-on roll-off
                  (non-self-propelled)
               
               
                  6
               
               
                  6X
               
               
                  Mobile non-self-propelled units
               
               
                  X
               
               
                  X
               
            
                  61
               
               
                  Unaccompanied road goods trailers and semi-trailers
               
               
                  X (2)
                  
               
               
                  X
               
            
                  62
               
               
                  Unaccompanied caravans and other road, agricultural and industrial vehicles
               
               
                   
               
               
                  X (3)
                  
               
            
                  63
               
               
                  Rail wagons, shipborne port-to-port trailers, and shipborne barges engaged in goods transport
               
               
                  X (2)
                  
               
               
                  X
               
            
                  69
               
               
                  Other mobile non-self-propelled units
               
               
                  X
               
               
                  X
               
            
                  Other general cargo
                  (including small containers)
               
               
                  9
               
               
                  9X
               
               
                  Other cargo, not elsewhere specified
               
               
                  X
               
               
                   
               
            
                  91
               
               
                  Forestry products
               
               
                  X
               
               
                   
               
            
                  92
               
               
                  Iron and steel products
               
               
                  X
               
               
                   
               
            
                  99
               
               
                  Other general cargo
               
               
                  X
               
               
                   
               
            
         (1)  These categories are consistent with United Nations ECE Recommendation No 21.
      
         (2)  The quantity recorded is the gross weight of the goods including packaging but excluding the tare weight of containers and ro-ro units.
      
         (3)  Only total number of units.
   
   
      ANNEX III
      
         NST 2007
      
      
                  Division
               
               
                  Description
               
            
                  01
               
               
                  Products of agriculture, hunting, and forestry; fish and other fishing products
               
            
                  02
               
               
                  Coal and lignite; crude petroleum and natural gas
               
            
                  03
               
               
                  Metal ores and other mining and quarrying products; peat; uranium and thorium
               
            
                  04
               
               
                  Food products, beverages and tobacco
               
            
                  05
               
               
                  Textiles and textile products; leather and leather products
               
            
                  06
               
               
                  Wood and products of wood and cork (except furniture); articles of straw and plaiting materials; pulp, paper and paper products; printed matter and recorded media
               
            
                  07
               
               
                  Coke and refined petroleum products
               
            
                  08
               
               
                  Chemicals, chemical products, and man-made fibres; rubber and plastic products; nuclear fuel
               
            
                  09
               
               
                  Other non-metallic mineral products
               
            
                  10
               
               
                  Basic metals; fabricated metal products, except machinery and equipment
               
            
                  11
               
               
                  Machinery and equipment n.e.c.; office machinery and computers; electrical machinery and apparatus n.e.c.; radio, television and communication equipment and apparatus; medical, precision and optical instruments; watches and clocks
               
            
                  12
               
               
                  Transport equipment
               
            
                  13
               
               
                  Furniture; other manufactured goods n.e.c.
               
            
                  14
               
               
                  Secondary raw materials; municipal wastes and other wastes
               
            
                  15
               
               
                  Mail, parcels
               
            
                  16
               
               
                  Equipment and material utilised in the transport of goods
               
            
                  17
               
               
                  Goods moved in the course of household and office removals; baggage transported separately from passengers; motor vehicles being moved for repair; other non-market goods n.e.c.
               
            
                  18
               
               
                  Grouped goods: a mixture of types of goods which are transported together
               
            
                  19
               
               
                  Unidentifiable goods: goods which for any reason cannot be identified and therefore cannot be assigned to groups 01-16
               
            
                  20
               
               
                  Other goods n.e.c.
               
            
   
      ANNEX IV
      
         MARITIME COASTAL AREAS
      
      The nomenclature to be used is the Geonomenclature (the nomenclature of countries and territories for the external trade statistics of the Community and statistics of trade between Member States, drawn up in accordance with Article 9 of Council Regulation (EC) No 1172/95 of 22 May 1995 on the statistics relating to the trading of goods by the Community and its Member States with non-member countries (1)) in force in the year to which the data refer.
      The code consists of four digits: the ISO alpha 2 standard code for each country from the abovementioned nomenclature, followed by two zeros (e.g. code GR00 for Greece), except for countries which are divided into two or more maritime coastal areas, which are identified by a fourth digit other than zero (from 1 to 7), as below:
      
                  
                     Code
                  
               
               
                  
                     Maritime coastal areas
                  
               
            
                  FR01
               
               
                  France: Atlantic and North Sea
               
            
                  FR02
               
               
                  France: Mediterranean
               
            
                  FR03
               
               
                  French overseas departments: French Guiana
               
            
                  FR04
               
               
                  French overseas departments: Martinique and Guadeloupe
               
            
                  FR05
               
               
                  French overseas departments: Réunion
               
            
                  DE01
               
               
                  Germany: North Sea
               
            
                  DE02
               
               
                  Germany: Baltic
               
            
                  DE03
               
               
                  Germany: Inland
               
            
                  GB01
               
               
                  United Kingdom
               
            
                  GB02
               
               
                  Isle of Man
               
            
                  GB03
               
               
                  Channels Islands
               
            
                  ES01
               
               
                  Spain: Atlantic (North)
               
            
                  ES02
               
               
                  Spain: Mediterranean and Atlantic (South), including the Balearic and Canary Islands
               
            
                  SE01
               
               
                  Sweden: Baltic
               
            
                  SE02
               
               
                  Sweden: North Sea
               
            
                  TR01
               
               
                  Turkey: Black Sea
               
            
                  TR02
               
               
                  Turkey: Mediterranean
               
            
                  RU01
               
               
                  Russia: Black Sea
               
            
                  RU02
               
               
                  Russia: Baltic
               
            
                  RU03
               
               
                  Russia: Asia
               
            
                  MA01
               
               
                  Morocco: Mediterranean
               
            
                  MA02
               
               
                  Morocco: West Africa
               
            
                  EG01
               
               
                  Egypt: Mediterranean
               
            
                  EG02
               
               
                  Egypt: Red Sea
               
            
                  IL01
               
               
                  Israel: Mediterranean
               
            
                  IL02
               
               
                  Israel: Red Sea
               
            
                  SA01
               
               
                  Saudi Arabia: Red Sea
               
            
                  SA02
               
               
                  Saudi Arabia: Gulf
               
            
                  US01
               
               
                  United States of America: Atlantic (North)
               
            
                  US02
               
               
                  United States of America: Atlantic (South)
               
            
                  US03
               
               
                  United States of America: Gulf
               
            
                  US04
               
               
                  United States of America: Pacific (South)
               
            
                  US05
               
               
                  United States of America: Pacific (North)
               
            
                  US06
               
               
                  United States of America: Great Lakes
               
            
                  US07
               
               
                  Puerto Rico
               
            
                  CA01
               
               
                  Canada: Atlantic
               
            
                  CA02
               
               
                  Canada: Great Lakes and Upper Saint Lawrence
               
            
                  CA03
               
               
                  Canada: West Coast
               
            
                  CO01
               
               
                  Colombia: North Coast
               
            
                  CO02
               
               
                  Colombia: West Coast
               
            
                   
               
               
                  
                     With the additional codes
                  
               
            
                  ZZ01
               
               
                  Offshore installations
               
            
                  ZZ02
               
               
                  Aggregates and not elsewhere specified
               
            
         (1)  OJ L 118, 25.5.1995, p. 10.
   
   
      ANNEX V
      
         NATIONALITY OF REGISTRATION OF VESSELS
      
      The nomenclature to be used is the Geonomenclature (the nomenclature of countries and territories for the external trade statistics of the Community and statistics of trade between Member States drawn up in accordance with Article 9 of Regulation (EC) No 1172/95) in force in the year to which the data refer.
      The code consists of four digits: the ISO alpha 2 standard code for each country from the above-mentioned nomenclature, followed by two zeros (e.g. code GR00 for Greece), except for countries with more than one register which are identified by a fourth digit other than zero, as below:
      
                  FR01
               
               
                  France
               
            
                  FR02
               
               
                  French Antarctic Territory (including the Kerguelen Islands)
               
            
                  IT01
               
               
                  Italy — first register
               
            
                  IT02
               
               
                  Italy — international register
               
            
                  GB01
               
               
                  United Kingdom
               
            
                  GB02
               
               
                  Isle of Man
               
            
                  GB03
               
               
                  Channel Islands
               
            
                  GB04
               
               
                  Gibraltar
               
            
                  DK01
               
               
                  Denmark
               
            
                  DK02
               
               
                  Denmark (DIS)
               
            
                  PT01
               
               
                  Portugal
               
            
                  PT02
               
               
                  Portugal (MAR)
               
            
                  ES01
               
               
                  Spain
               
            
                  ES02
               
               
                  Spain (Rebeca)
               
            
                  NO01
               
               
                  Norway
               
            
                  NO02
               
               
                  Norway (NIS)
               
            
                  US01
               
               
                  United States of America
               
            
                  US02
               
               
                  Puerto Rico
               
            
   
      ANNEX VI
      
         TYPE OF SHIP CLASSIFICATION (ICST-COM)
      
      
                   
               
               
                  Type
               
               
                  Ship categories included
               
            
                  10
               
               
                  Liquid bulk
               
               
                  Oil tanker
                  Chemical tanker
                  LG tanker
                  Tanker barge
                  Other tanker
               
            
                  20
               
               
                  Dry bulk
               
               
                  Bulk/oil carrier
                  Bulk carrier
               
            
                  31
               
               
                  Container
               
               
                  Full container
               
            
                  32
               
               
                  Specialised
               
               
                  Barge carrier
                  Chemical carrier
                  Irradiated fuel
                  Livestock carrier
                  Vehicle carrier
                  Other specialised
               
            
                  33
               
               
                  General cargo, non-specialised
               
               
                  Reefer
                  Ro-ro passenger
                  Ro-ro container
                  Other ro-ro cargo
                  Combination carrier general cargo/passenger
                  Combination carrier general cargo/container
                  Single-decker
                  Multi-decker
               
            
                  34
               
               
                  Dry cargo barge
               
               
                  Deck barge
                  Hopper barge
                  Lash-seabee barge
                  Open dry cargo barge
                  Covered dry cargo barge
                  Other dry cargo barge nes
               
            
                  35
               
               
                  Passenger
               
               
                  Passenger (excluding cruise passengers)
               
            
                  36
               
               
                  Cruise Passenger
               
               
                  Cruise ships only
               
            
                  41
               
               
                  Fishing
               
               
                  Fish catching (1)
                  
                  Fish processing (1)
                  
               
            
                  42
               
               
                  Offshore activities
               
               
                  Drilling and exploration (1)
                  
                  Offshore support (1)
                  
               
            
                  43
               
               
                  Tugs
               
               
                  Tugs (1)
                  
                  Pusher craft (1)
                  
               
            
                  49
               
               
                  Miscellaneous
               
               
                  Dredgers (1)
                  
                  Research/survey (1)
                  
                  Other vessel nes (1)
                  
               
            
                  XX
               
               
                  Unknown
               
               
                  Unknown type of vessel
               
            
         (1)  Not covered by this Directive.
   
   
      ANNEX VII
      
         VESSEL SIZE CLASSES
      
      
         in deadweight (DWT) or in gross tonnage (GT)
      
      This classification applies only to vessels with a gross tonnage of 100 or more.
      
                  Class
               
               
                  Lower limit
               
               
                  Upper limit
               
            
                  DWT
               
               
                  GT
               
               
                  DWT
               
               
                  GT
               
            
                  01
               
               
                  —
               
               
                  100
               
               
                  up to 499
               
               
                  up to 499
               
            
                  02
               
               
                  500
               
               
                  500
               
               
                  999
               
               
                  999
               
            
                  03
               
               
                  1 000
               
               
                  1 000
               
               
                  1 999
               
               
                  1 999
               
            
                  04
               
               
                  2 000
               
               
                  2 000
               
               
                  2 999
               
               
                  2 999
               
            
                  05
               
               
                  3 000
               
               
                  3 000
               
               
                  3 999
               
               
                  3 999
               
            
                  06
               
               
                  4 000
               
               
                  4 000
               
               
                  4 999
               
               
                  4 999
               
            
                  07
               
               
                  5 000
               
               
                  5 000
               
               
                  5 999
               
               
                  5 999
               
            
                  08
               
               
                  6 000
               
               
                  6 000
               
               
                  6 999
               
               
                  6 999
               
            
                  09
               
               
                  7 000
               
               
                  7 000
               
               
                  7 999
               
               
                  7 999
               
            
                  10
               
               
                  8 000
               
               
                  8 000
               
               
                  8 999
               
               
                  8 999
               
            
                  11
               
               
                  9 000
               
               
                  9 000
               
               
                  9 999
               
               
                  9 999
               
            
                  12
               
               
                  10 000
               
               
                  10 000
               
               
                  19 999
               
               
                  19 999
               
            
                  13
               
               
                  20 000
               
               
                  20 000
               
               
                  29 999
               
               
                  29 999
               
            
                  14
               
               
                  30 000
               
               
                  30 000
               
               
                  39 999
               
               
                  39 999
               
            
                  15
               
               
                  40 000
               
               
                  40 000
               
               
                  49 999
               
               
                  49 999
               
            
                  16
               
               
                  50 000
               
               
                  50 000
               
               
                  79 999
               
               
                  79 999
               
            
                  17
               
               
                  80 000
               
               
                  80 000
               
               
                  99 999
               
               
                  99 999
               
            
                  18
               
               
                  100 000
               
               
                  100 000
               
               
                  149 999
               
               
                  149 999
               
            
                  19
               
               
                  150 000
               
               
                  150 000
               
               
                  199 999
               
               
                  199 999
               
            
                  20
               
               
                  200 000
               
               
                  200 000
               
               
                  249 999
               
               
                  249 999
               
            
                  21
               
               
                  250 000
               
               
                  250 000
               
               
                  299 999
               
               
                  299 999
               
            
                  22
               
               
                  ≥ 300 000
               
               
                  ≥ 300 000
               
               
                  —
               
               
                  —
               
            
                  
                     NB: If vessels with a gross tonnage of less than 100 were to be included pursuant to this Directive, they would be allocated class code ‘99’.
               
            
   
      ANNEX VIII
      
         STRUCTURE FOR STATISTICAL DATA SETS
      
      The data sets specified in this Annex define the periodicity for the maritime transport statistics required by the Community. Each data set defines a cross-classification of a limited set of dimensions at different levels of the nomenclatures, aggregated across all other dimensions, for which statistics of good quality are required.
      The conditions for collecting data set B1 shall be decided by the Council on a proposal from the Commission in the light of the results of the pilot study carried out during a three-year transitional period, as provided for in Article 10 of Directive 95/64/EC and concerning the feasibility and the cost to Member States and to the respondents of collecting those items of information.
      SUMMARY AND DETAILED STATISTICS
      
                  —
               
               
                  The data sets to be provided for selected ports for goods and passengers are A1, A2, B1, C1, D1, E1, F1 and/or F2,
               
            
                  —
               
               
                  The data sets to be provided for selected ports for goods but not for passengers are A1, A2, A3, B1, C1, E1, F1 and/or F2,
               
            
                  —
               
               
                  The data sets to be provided for selected ports for passengers but not for goods are A3, D1, F1 and/or F2,
               
            
                  —
               
               
                  The data set to be provided for selected ports and for ports which are not selected (for either goods or passengers) is A3,
               
            
                  
                     Data set A1
                  
               
               
                  :
               
               
                  Seaborne transport in the main European ports by port, type of cargo and relation
               
            
                  Periodicity
               
               
                  :
               
               
                  quarterly
               
            
         
      
                   
               
               
                  Variables
               
               
                  Coding detail
               
               
                  Nomenclature
               
            
                  Dimensions
               
               
                  Data set
               
               
                  Two-character alphanumeric
               
               
                  A1
               
            
                  Reference year
               
               
                  Four-character alphanumeric
               
               
                  (e.g. 1997)
               
            
                  Reference quarter
               
               
                  One-character alphanumeric
               
               
                  (1, 2, 3, 4)
               
            
                  Reporting port
               
               
                  Five-character alphanumeric
               
               
                  Selected EEA ports in the port list
               
            
                  Direction
               
               
                  One-character alphanumeric
               
               
                  Inwards, outwards (1, 2)
               
            
                  Port of loading/unloading
               
               
                  Five-character alphanumeric
               
               
                  EEA-ports in the port list
               
            
                  Relation
               
               
                  Four-character alphanumeric
               
               
                  Maritime coastal areas, Annex IV
               
            
                  Type of cargo
               
               
                  One-character alphanumeric
               
               
                  Type of cargo, Annex II
               
            
                  
                     Data: Gross weight of goods in tonnes.
               
            
         
      
                  
                     Data set A2
                  
               
               
                  :
               
               
                  Non-unit-load seaborne transport in the main European ports, by port, type of cargo and relation
               
            
                  Periodicity
               
               
                  :
               
               
                  quarterly
               
            
         
      
                   
               
               
                  Variables
               
               
                  Coding detail
               
               
                  Nomenclature
               
            
                  Dimensions
               
               
                  Data set
               
               
                  Two-character alphanumeric
               
               
                  A2
               
            
                  Reference year
               
               
                  Four-character alphanumeric
               
               
                  (e.g. 1997)
               
            
                  Reference quarter
               
               
                  One-character alphanumeric
               
               
                  (1, 2, 3, 4)
               
            
                  Reporting port
               
               
                  Five-character alphanumeric
               
               
                  Selected EEA ports in the port list
               
            
                  Direction
               
               
                  One-character alphanumeric
               
               
                  Inwards, outwards (1, 2)
               
            
                  Port of loading/unloading
               
               
                  Five-character alphanumeric
               
               
                  EEA-ports in the port list
               
            
                  Relation
               
               
                  Four-character alphanumeric
               
               
                  Maritime coastal areas, Annex IV
               
            
                  Type of cargo
               
               
                  Two-character alphanumeric
               
               
                  Type of cargo, (non-unit-load only) Annex II (subcategories 1X, 11, 12, 13, 19, 2X, 21, 22, 23, 29, 9X, 91, 92 and 99)
               
            
                  
                     Data: Gross weight of goods in tonnes.
               
            
         
      
                  
                     Data set A3
                  
               
               
                  :
               
               
                  Data required for both selected ports and ports for which detailed statistics are not required (see Article 4(3))
               
            
                  Periodicity
               
               
                  :
               
               
                  annual
               
            
         
      
                   
               
               
                  Variables
               
               
                  Coding detail
               
               
                  Nomenclature
               
            
                  Dimensions
               
               
                  Data set
               
               
                  Two-character alphanumeric
               
               
                  A3
               
            
                  Reference year
               
               
                  Four-character alphanumeric
               
               
                  (e.g. 1997)
               
            
                  Reference quarter
               
               
                  One-character alphanumeric
               
               
                  (0)
               
            
                  Reporting port
               
               
                  Five-character alphanumeric
               
               
                  All ports in the port list
               
            
                  Direction
               
               
                  One-character alphanumeric
               
               
                  Inwards, outwards (1, 2)
               
            
                  
                              
                                 Data:
                              
                           
                           
                              Gross weight of goods in tonnes.
                              Number of passengers (excluding cruise passengers).
                              Number of cruise passengers starting and ending a cruise.
                              Number of cruise passengers on cruise passenger excursion: direction: inwards (1) only - (optional).
                           
                        
            
         
      
                  
                     Data set B1
                  
               
               
                  :
               
               
                  Seaborne transport in the main European ports, by port, type of cargo, goods and relation
               
            
                  Periodicity
               
               
                  :
               
               
                  annual
               
            
         
      
                   
               
               
                  Variables
               
               
                  Coding detail
               
               
                  Nomenclature
               
            
                  Dimensions
               
               
                  Data set
               
               
                  Two-character alphanumeric
               
               
                  B1
               
            
                  Reference year
               
               
                  Four-character alphanumeric
               
               
                  (e.g. 1997)
               
            
                  Reference quarter
               
               
                  One-character alphanumeric
               
               
                  (0)
               
            
                  Reporting port
               
               
                  Five-character alphanumeric
               
               
                  Selected EEA ports in the port list
               
            
                  Direction
               
               
                  One-character alphanumeric
               
               
                  Inwards, outwards (1, 2)
               
            
                  Port of loading/unloading
               
               
                  Five-character alphanumeric
               
               
                  EEA-ports in the port list
               
            
                  Relation
               
               
                  Four-character alphanumeric
               
               
                  Maritime coastal areas, Annex IV
               
            
                  Type of cargo
               
               
                  One-character alphanumeric
               
               
                  Type of cargo, Annex II
               
            
                  Commodity
               
               
                  Two-character alphanumeric
               
               
                  Goods nomenclature, Annex III
               
            
                  
                     Data: Gross weight of goods in tonnes.
               
            
         
      
                  
                     Data set C1
                  
               
               
                  :
               
               
                  Unit-load seaborne transport in the main European ports, by port, type of cargo, relation and loaded status
               
            
                  Periodicity
               
               
                  :
               
               
                  quarterly
               
            
         
      
                   
               
               
                  Variables
               
               
                  Coding detail
               
               
                  Nomenclature
               
            
                  Dimensions
               
               
                  Data set
               
               
                  Two-character alphanumeric
               
               
                  C1
               
            
                  Reference year
               
               
                  Four-character alphanumeric
               
               
                  (e.g. 1997)
               
            
                  Reference quarter
               
               
                  One-character alphanumeric
               
               
                  (1, 2, 3, 4)
               
            
                  Reporting port
               
               
                  Five-character alphanumeric
               
               
                  Selected EEA ports in the port list
               
            
                  Direction
               
               
                  One-character alphanumeric
               
               
                  Inwards, outwards (1, 2)
               
            
                  Port of loading/unloading
               
               
                  Five-character alphanumeric
               
               
                  EEA-ports in the port list
               
            
                  Relation
               
               
                  Four-character alphanumeric
               
               
                  Maritime coastal areas, Annex IV
               
            
                  Type of cargo
               
               
                  Two-character alphanumeric
               
               
                  Type of cargo (container, ro-ro only) Annex II (subcategories 3X, 31, 32, 33, 34, 5X, 51, 52, 53, 54, 56, 59, 6X, 61, 62, 63 and 69)
               
            
                  
                              
                                 Data:
                              
                           
                           
                              Gross weight of goods in tonnes (type of cargo: subcategories 3X, 31, 32, 33, 34, 5X, 51, 54, 56, 59, 6X, 61, 62, 63 and 69).
                              Number of units (type of cargo: subcategories 3X, 31, 32, 33, 34, 5X, 51, 52, 53, 54, 56, 59, 6X, 61, 62, 63 and 69).
                              Number of units without cargo (type of cargo: subcategories 3X, 31, 32, 33, 34, 5X, 51, 59, 6X, 61, 63 and 69).
                           
                        
            
         
      
                  
                     Data set D1
                  
               
               
                  :
               
               
                  Passenger transport in the main European ports, by relation and nationality of registration of vessel
               
            
                  Periodicity
               
               
                  :
               
               
                  quarterly
               
            
         
      
                   
               
               
                  Variables
               
               
                  Coding detail
               
               
                  Nomenclature
               
            
                  Dimensions
               
               
                  Data set
               
               
                  Two-character alphanumeric
               
               
                  D1
               
            
                  Reference year
               
               
                  Four-character alphanumeric
               
               
                  (e.g. 1997)
               
            
                  Reference quarter
               
               
                  One-character alphanumeric
               
               
                  (1, 2, 3, 4)
               
            
                  Reporting port
               
               
                  Five-character alphanumeric
               
               
                  Selected EEA ports in the port list
               
            
                  Direction
               
               
                  One-character alphanumeric
               
               
                  Inwards, outwards (1, 2)
               
            
                  Port of loading/unloading
               
               
                  Five-character alphanumeric
               
               
                  EEA-ports in the port list
               
            
                  Relation
               
               
                  Four-character alphanumeric
               
               
                  Maritime coastal areas, Annex IV
               
            
                  Nationality of registration of vessel
               
               
                  Four-character alphanumeric
               
               
                  Nationality of registration of vessels, Annex V
               
            
                  
                     Data: Number of passengers excluding cruise passengers starting and ending a cruise and cruise passengers on excursion
               
            
         
      
                  
                     Data set E1
                  
               
               
                  :
               
               
                  Seaborne transport in the main European ports, by port, type of cargo, relation and nationality of registration of vessels
               
            
                  Periodicity
               
               
                  :
               
               
                  annual
               
            
         
      
                   
               
               
                  Variables
               
               
                  Coding detail
               
               
                  Nomenclature
               
            
                  Dimensions
               
               
                  Data set
               
               
                  Two-character alphanumeric
               
               
                  E1
               
            
                  Reference year
               
               
                  Four-character alphanumeric
               
               
                  (e.g. 1997)
               
            
                  Reference quarter
               
               
                  One-character alphanumeric
               
               
                  (0)
               
            
                  Reporting port
               
               
                  Five-character alphanumeric
               
               
                  Selected EEA ports in the port list
               
            
                  Direction
               
               
                  One-character alphanumeric
               
               
                  Inwards, outwards (1, 2)
               
            
                  Port of loading/unloading
               
               
                  Five-character alphanumeric
               
               
                  EEA-ports in the port list
               
            
                  Relation
               
               
                  Four-character alphanumeric
               
               
                  Maritime coastal areas, Annex IV
               
            
                  Type of cargo
               
               
                  One-character alphanumeric
               
               
                  Type of cargo, Annex II
               
            
                  Nationality of registration of vessel
               
               
                  Four-character alphanumeric
               
               
                  Nationality of registration of vessels, Annex V
               
            
                  
                     Data: Gross weight of goods in tonnes.
               
            
         
      
                  
                     Data set F1
                  
               
               
                  :
               
               
                  European port vessel traffic in the main European ports, by port, type and size of vessels loading or unloading cargo, embarking or disembarking passengers (including cruise passengers on cruise passenger excursion)
               
            
                  Periodicity
               
               
                  :
               
               
                  quarterly
               
            
         
      
                   
               
               
                  Variables
               
               
                  Coding detail
               
               
                  Nomenclature
               
            
                  Dimensions
               
               
                  Data set
               
               
                  Two-character alphanumeric
               
               
                  F1
               
            
                  Reference year
               
               
                  Four-character alphanumeric
               
               
                  (e.g. 1997)
               
            
                  Reference quarter
               
               
                  One-character alphanumeric
               
               
                  (1, 2, 3, 4)
               
            
                  Reporting port
               
               
                  Five-character alphanumeric
               
               
                  Selected EEA ports in the port list
               
            
                  Direction
               
               
                  One-character alphanumeric
               
               
                  Inwards, outwards (1, 2)
               
            
                  Type of vessel
               
               
                  Two-character alphanumeric
               
               
                  Type of ship, Annex VI
               
            
                  Size of vessel DWT
               
               
                  Two-character alphanumeric
               
               
                  Deadweight size classes, Annex VII
               
            
                  
                              
                                 Data:
                           
                           
                              Number of vessels;
                              Deadweight of vessels in tonnes.
                           
                        
            
         
      
                  
                     Data set F2
                  
               
               
                  :
               
               
                  European port vessel traffic in the main European ports, by port, type and size of vessels loading or unloading cargo, embarking or disembarking passengers (including cruise passengers on cruise passenger excursion)
               
            
                  Periodicity
               
               
                  :
               
               
                  quarterly
               
            
         
      
                   
               
               
                  Variables
               
               
                  Coding detail
               
               
                  Nomenclature
               
            
                  Dimensions
               
               
                  Data set
               
               
                  Two-character alphanumeric
               
               
                  F2
               
            
                  Reference year
               
               
                  Four-character alphanumeric
               
               
                  (e.g. 1997)
               
            
                  Reference quarter
               
               
                  One-character alphanumeric
               
               
                  (1, 2, 3, 4)
               
            
                  Reporting port
               
               
                  Five-character alphanumeric
               
               
                  Selected EEA ports in the port list
               
            
                  Direction
               
               
                  One-character alphanumeric
               
               
                  Inwards, outwards (1, 2)
               
            
                  Type of vessel
               
               
                  Two-character alphanumeric
               
               
                  Type of ship, Annex VI
               
            
                  Size of vessel GT
               
               
                  Two-character alphanumeric
               
               
                  Gross tonnage size classes, Annex VII
               
            
                  
                              
                                 Data:
                           
                           
                              Number of vessels;
                              Gross tonnage of vessels.
                           
                        
            
   
      ANNEX IX
      
         PART A
      
      
         Repealed Directive with list of its successive amendments
      
      (referred to in Article 12)
      
                  Council Directive 95/64/EC
                  (OJ L 320, 30.12.1995, p. 25).
               
               
                   
               
            
                  Commission Decision 98/385/EC
                  (OJ L 174, 18.6.1998, p. 1).
               
               
                  only Article 3
               
            
                  Commission Decision 2000/363/EC
                  (OJ L 132, 5.6.2000, p. 1).
               
               
                  only Article 1
               
            
                  Regulation (EC) No 1882/2003 of the European Parliament and of the Council
                  (OJ L 284, 31.10.2003, p. 1).
               
               
                  only point 20 of Annex II
               
            
                  Commission Decision 2005/366/EC
                  (OJ L 123, 17.5.2005, p. 1).
               
               
                  only Article 1
               
            
                  Commission Regulation (EC) No 1304/2007
                  (OJ L 290, 8.11.2007, p. 14).
               
               
                  only Article 1
               
            
         PART B
      
      
         Time limit for transposition into national law
      
      (referred to in Article 12)
      
                  Directive
               
               
                  Time limit for transposition
               
            
                  95/64/EC
               
               
                  31 December 1996
               
            
   
      ANNEX X
      
         CORRELATION TABLE
      
      
                  Directive 95/64/EC
               
               
                  This Directive
               
            
                  Article 1
               
               
                  Article 1
               
            
                  Article 2(1), first subparagraph
               
               
                  Article 2, point (a), first subparagraph
               
            
                  Article 2(1), second subparagraph, points (a) and (b)
               
               
                  Article 2, point (a), second subparagraph, points (i) and (ii)
               
            
                  Article 2(1), third subparagraph
               
               
                  Article 2, point (a), third subparagraph
               
            
                  Article 2(2) to (5)
               
               
                  Article 2, points (b) to (e)
               
            
                  Article 3
               
               
                  Article 3
               
            
                  Article 4(1)
               
               
                  Article 4(1)
               
            
                  Article 4(2), first subparagraph
               
               
                  Article 4(2), first subparagraph
               
            
                  Article 4(2), second subparagraph
               
               
                  —
               
            
                  Article 4(2), third subparagraph
               
               
                  Article 4(2), second subparagraph
               
            
                  Article 4(3)
               
               
                  Article 4(3)
               
            
                  Articles 5, 6 and 7
               
               
                  Articles 5, 6 and 7
               
            
                  Article 8(1)
               
               
                  Article 8
               
            
                  Article 8(2)
               
               
                  —
               
            
                  Article 9
               
               
                  Article 9
               
            
                  Article 10
               
               
                  —
               
            
                  Article 11
               
               
                  —
               
            
                  Article 12
               
               
                  —
               
            
                  Article 13(1) and (2)
               
               
                  Article 10(1) and (2)
               
            
                  —
               
               
                  Article 10(3)
               
            
                  Article 13(3)
               
               
                  —
               
            
                  Article 14(1)
               
               
                  —
               
            
                  Article 14(2)
               
               
                  Article 11
               
            
                  —
               
               
                  Article 12
               
            
                  Article 15
               
               
                  Article 13
               
            
                  Article 16
               
               
                  Article 14
               
            
                  Annexes I to VIII
               
               
                  Annexes I to VIII
               
            
                  —
               
               
                  Annex IX
               
            
                  —
               
               
                  Annex X