CELEX: 
Language: en
Date: 2016-07-05
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 1365/2006 on statistics of goods transport by inland waterways as regards the conferral of delegated and implementing powers on the Commission for the adoption of certain measures

Council of the
                 European Union
                                                           Brussels, 5 July 2016
                                                           (OR. en)
                                                           9878/16
       Interinstitutional File:
          2013/0226 (COD)
                                                           STATIS 35
                                                           TRANS 219
                                                           CODEC 823
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 1365/2006 on statistics of goods
                    transport by inland waterways as regards the conferral of delegated and
                    implementing powers on the Commission for the adoption of certain
                    measures
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 ---pagebreak---                                     REGULATION (EU) 2016/…
                OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
                                                  of …
                              amending Regulation (EC) No 1365/2006
                        on statistics of goods transport by inland waterways
                 as regards the conferral of delegated and implementing powers
                      on the Commission for the adoption of certain measures
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 … (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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 ---pagebreak--- Whereas:
(1)     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 need to be aligned to
        Articles 290 and 291 of the Treaty.
(2)     In connection with the adoption of Regulation (EU) No 182/2011 of the European
        Parliament and of the Council 1, the Commission committed itself, by means of a
        statement 2, to reviewing, in the light of the criteria laid down in the Treaty, legislative acts
        which were not adapted to the regulatory procedure with scrutiny before the entry into
        force of the Lisbon Treaty.
(3)     Regulation (EC) No 1365/2006 of the European Parliament and of the Council 3 confers
        powers on the Commission in order to implement some of its provisions.
(4)     In order to align Regulation (EC) No 1365/2006 with Articles 290 and 291 of the Treaty,
        implementing powers conferred on the Commission by that Regulation should be replaced
        by powers to adopt delegated and implementing acts.
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).
2
      OJ L 55, 28.2.2011, p. 19.
3
      Regulation (EC) No 1365/2006 of the European Parliament and of the Council of
      6 September 2006 on statistics of goods transport by inland waterways and repealing
      Council Directive 80/1119/EEC (OJ L 264, 25.9.2006, p. 1).
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 ---pagebreak--- (5)     As regards Regulation (EC) No 1365/2006, in order to take into account economic and
        technical trends and changes in definitions adopted at international level, the power to
        adopt acts in accordance with Article 290 of the Treaty should be delegated to the
        Commission in respect of amending that Regulation to raise the threshold above 1 000 000
        tonnes for statistical coverage of inland waterway transport, to adapt definitions or provide
        for new ones, as well as to adapt the Annexes to Regulation (EC) 1365/2006 to reflect
        changes in coding and nomenclature at international level or in the relevant Union
        legislative acts. 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.
(6)     The Commission should ensure that those delegated acts do not impose a significant
        additional burden on the Member States or on the respondents.
1
      OJ L 123, 12.5.2016, p. 1.
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 ---pagebreak--- (7)     In order to ensure uniform conditions for the implementation of Regulation (EC)
        No 1365/2006, implementing powers should be conferred on the Commission enabling it
        to adopt arrangements for transmitting data, including data interchange standards, for the
        dissemination of results by the Commission (Eurostat) and also to develop and publish
        methodological requirements and criteria designed to ensure the quality of the data
        produced. Those powers should be exercised in accordance with Regulation (EU)
        No 182/2011.
(8)     In accordance with the principle of proportionality, it is necessary and appropriate for the
        achievement of the basic objective of the alignment of the powers conferred on the
        Commission with Articles 290 and 291 of the Treaty to lay down rules on such alignment
        in the field of transport statistics. This Regulation does not go beyond what is necessary in
        order to achieve the objective pursued, in accordance with Article 5(4) of the Treaty on
        European Union.
(9)     It is necessary for the Commission to arrange for pilot studies to be conducted on the
        availability of statistical data relating to passenger transport by inland waterways,
        including by cross border transport services.
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 ---pagebreak---         The Union should contribute to the cost of carrying out those pilot studies. Such
        contributions should take the form of grants awarded to the national statistical institutes
        and other national authorities referred to in Article 5 of Regulation (EC) No 223/2009 of
        the European Parliament and of the Council 1, in accordance with Regulation (EU,
        Euratom) No 966/2012 of the European Parliament and of the Council 2.
(10)    In order to ensure legal certainty, the procedures for adopting measures that have been
        initiated but not completed before the entry into force of this Regulation are not affected by
        this Regulation.
(11)    Regulation (EC) No 1365/2006 should therefore be amended accordingly,
HAVE ADOPTED THIS REGULATION:
1
      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).
2
      Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council
      of 25 October 2012 on the financial rules applicable to the general budget of the Union and
      repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
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 ---pagebreak---                                                 Article 1
Regulation (EC) No 1365/2006 is amended as follows:
(1)     In Article 2, the following paragraph is added:
        '5.   The Commission is empowered to adopt delegated acts, in accordance with Article 9,
              concerning the amendment of paragraph 2 of this Article to raise the threshold for
              statistical coverage of inland waterways transport referred to therein in order to take
              account of economic and technical trends. 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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 ---pagebreak--- (2)     In Article 3, the following paragraphs are added:
        'The Commission is empowered to adopt delegated acts in accordance with Article 9,
        concerning the amendment of the present Article to adapt the definitions contained therein
        or provide for new ones in order to take into account relevant definitions amended or
        adopted at international level.
        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.'.
(3)     In Article 4, the following paragraph is added:
        '4.    The Commission is empowered to adopt delegated acts in accordance with Article 9,
               concerning the amendment of the Annexes to reflect changes in coding and
               nomenclature at international level or in the relevant Union legislative acts. 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.'.
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 ---pagebreak--- (4)     The following article is inserted:
        'Article 4a.
        Pilot studies
        1.     By … [24 months after the entry into force of this Regulation], the Commission, in
               cooperation with the Member States, shall develop the appropriate methodology for
               compiling statistics on passenger transport by inland waterways, including by cross-
               border transport services.
        2.     By …[36 months after the entry into force of this Regulation], the Commission shall
               launch voluntary pilot studies to be carried out by Member States that provide data
               within the scope of this Regulation on the availability of statistical data relating to
               passenger transport by inland waterways, including by cross-border transport
               services. Those pilot studies shall aim to assess the feasibility of those new data
               collections, the costs of the related data collections and the statistical quality implied.
        3.     By … [48 months after the entry into force of this Regulation], the Commission shall
               submit a report to the European Parliament and to the Council on the results of such
               pilot studies. Depending on the results of that report, and within a reasonable period,
               the Commission shall submit, if appropriate, a legislative proposal to the European
               Parliament and to the Council to amend this Regulation with regard to statistics on
               passenger transport by inland waterways, including by cross-border transport
               services.
        4.     The general budget of the Union shall, where appropriate and taking into account the
               Union's added value, contribute to the financing of those pilot studies.'
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 ---pagebreak--- (5)     In Article 5, paragraph 2 is replaced by the following:
        '2.   The Commission shall adopt implementing acts laying down the arrangements for
              transmitting data to the Commission (Eurostat), including data interchange standards.
              Those implementing acts shall be adopted in accordance with the examination
              procedure referred to in Article 10(2).'.
(6)     In Article 6, the following subparagraph is added:
        ' The Commission shall adopt implementing acts laying down the arrangements for
        disseminating results. Those implementing acts shall be adopted in accordance with the
        examination procedure referred to in Article 10(2).'.
(7)     In Article 7, paragraph 1 is replaced by the following:
        '1.   The Commission shall adopt implementing acts laying down the methodological
              requirements and criteria designed to ensure the quality of the data produced. Those
              implementing acts shall be adopted in accordance with the examination procedure
              referred to in Article 10(2).'.
(8)     In Article 7, the following paragraphs are added:
        '4.   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.
        5.    The Commission shall adopt implementing acts laying down the detailed
              arrangements, structure, periodicity and comparability elements for the quality
              reports. Those implementing acts shall be adopted in accordance with the
              examination procedure referred to in Article 10(2).'.
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 ---pagebreak--- (9)   Article 8 is replaced by the following:
        'Article 8
        Reports on implementation
        By 31 December 2020 and every five 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 on potential improvements and on users' needs. 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 and the data collection methods used.'.
(10)    Article 9 is replaced by the following:
        'Article 9
        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.
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 ---pagebreak---         2. The power to adopt delegated acts referred to in Article 2(5), Article 3 and Article
           4(4) shall be conferred on the Commission for a period of five years from … [date of
           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.
        3. The delegation of power referred to in Article 2(5), Article 3 and Article 4(4) 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.
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 ---pagebreak---         6.     A delegated act adopted pursuant to Article 2(5), Article 3 or Article 4(4) 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.
        ______________
        (∗)    OJ L 123, 12.5.2016, p. 1.'.
(11)    Article 10 is replaced by the following:
        'Article 10
        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 Member States of the Commission's exercise of
               implementing powers (OJ L 55, 28.2.2011, p. 13)'.
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 ---pagebreak--- (12)      Annex G is deleted.
                                                Article 2
This Regulation shall not affect the procedures for the adoption of measures provided for in
Regulation (EC) No 1365/2006 which have been initiated but not completed before the entry into
force of this Regulation.
                                                Article 3
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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