Article 1 Obligations of the Member States
Member States shall submit to the Commission statistics on all the aquaculture activities conducted in freshwater and saltwaters on their territory.
Article 2 Definitions
1. For the purpose of this Regulation, the following definitions shall apply: (a) ‘Community statistics’ as defined in Article 2 of Regulation (EC) No 322/97; (b) ‘aquaculture’ as defined in Article 3(d) of Council Regulation (EC) No 1198/2006 of 27 July 2006 on the European Fisheries Fund ( 6 ) ; (c) ‘capture-based aquaculture’ means the practice of collecting specimens from the wild and their subsequent use in aquaculture; (d) ‘production’ means the output from aquaculture at first sale, including production from hatcheries and nurseries offered for sale. 2. All other definitions for the purpose of this Regulation are set out in Annex I.
Amendment rationale: EXPLANATORY MEMORANDUM 1. CONTEXT OF THE PROPOSAL The Treaty on the Functioning of the European Union (TFEU) makes a distinction between (a) the powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act as laid down in Article 290(1) of the TFEU (delegated acts), and (b) the powers conferred upon the Commission to adopt uniform conditions for implementing legally binding Union acts as laid down in Article 291(2) of the TFEU (implementing acts). The Commission has committed itself[1], with regard to Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers[2], to reviewing legislative acts which currently contain references to the regulatory procedure with scrutiny in the light of the criteria laid down in the Treaty. The overall objective is by the end of Parliament's seventh term (June 2014), to remove all provisions referring to the regulatory procedure with scrutiny from all legislative instruments. The aim of this proposal is to modify nine legislative acts in the domain of agricultural and fishery statistics in order to align them with the new institutional context. For the sake of completeness, the list of instruments to be aligned is: (1) Council Directive 96/16/EC of 19 March 1996 on statistical surveys of milk and milk products[3]; (2) Regulation (EC) No 138/2004 of the European Parliament and of the Council of 5 December 2003 on the economic accounts for agriculture in the Community[4]; (3) Regulation (EC) No 1921/2006 of the European Parliament and of the Council of 18 December 2006 on the submission of statistical data on landings of fishery products in Member States and repealing Council Regulation (EEC) No 1382/91[5]; (4) Regulation (EC) No 762/2008 of the European Parliament and of the Council of 9 July 2008 on the submission by Member States of statistics on aquaculture and repealing Council Regulation (EC) No 788/96[6]; (5) Regulation (EC) No 1165/2008 of the European Parliament and of the Council of 19 November 2008 concerning livestock and meat statistics and repealing Council Directives 93/23/EEC, 93/24/EEC and 93/25/EEC[7]; (6) Regulation (EC) No 216/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (recast)[8]; (7) Regulation (EC) No 217/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of catch and activity statistics by Member States fishing in the north-west Atlantic (recast)[9]; (8) Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (recast)[10]; (9) Regulation (EC) No 543/2009 of the European Parliament and of the Council of 18 June 2009 concerning crop statistics and repealing Council Regulations (EEC) No 837/90 and (EEC) No 959/93[11]. 
Revised version (Article 2 Definitions):
2. All other definitions for the purpose of this Regulation are set out in Annex I.
Article 3 Compilation of statistics
1. Member States shall use surveys or other statistically validated methods covering at least 90 % of the total production by volume, or by number for the production of hatcheries and nurseries, without prejudice to paragraph 4. The remaining part of the total production may be estimated. To estimate more than 10 % of the total production, a request for derogation may be submitted under the conditions provided for in Article 8. 2. Use of sources other than surveys shall be subject to provision of an ex-post assessment of the statistical quality of those sources. 3. A Member State having a total annual production of less than 1 000 tonnes may submit summary data estimating the total production. 4. Member States shall identify the production by species. However, the production of those species which individually do not exceed 500 tonnes and do not represent more than 5 % in weight of the production by volume in a Member State may be estimated and aggregated. The production of hatcheries and nurseries in number of those species may be estimated.
Article 4 Data
The data shall relate to the reference calendar year and shall cover: (a) the annual production (volume and unit value) of aquaculture; (b) the annual input (volume and unit value) to capture-based aquaculture; (c) the annual production of hatcheries and nurseries; (d) the structure of the aquaculture sector.
Article 5 Submission of data
1. The Member States shall submit the data referred to in Annexes II, III and IV to the Commission (Eurostat) within 12 months of the end of the reference calendar year. The first reference calendar year shall be 2008. 2. Starting with the data for the year 2008 and at intervals of three years thereafter, the data on the structure of the aquaculture sector referred to in Annex V shall be submitted within 12 months of the end of the reference calendar year to the Commission (Eurostat).
Article 6 Quality assessment
1. Each Member State shall provide the Commission (Eurostat) with a yearly report on the quality of the data submitted. 2. At the submission of the data, each Member State shall submit to the Commission a detailed methodological report. In that report, each Member State shall describe how the data were collected and compiled. This report shall include details of sampling techniques, estimation methods and of sources used other than surveys and an evaluation of the quality of the resultant estimates. A proposed format for the methodological report is indicated in Annex VI. 3. The Commission shall examine the reports and present its conclusions to the relevant working group of the Standing Committee for Agricultural Statistics set up by Decision 72/279/EEC.
Amendment rationale: EXPLANATORY MEMORANDUM 1. CONTEXT OF THE PROPOSAL The Treaty on the Functioning of the European Union (TFEU) makes a distinction between (a) the powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act as laid down in Article 290(1) of the TFEU (delegated acts), and (b) the powers conferred upon the Commission to adopt uniform conditions for implementing legally binding Union acts as laid down in Article 291(2) of the TFEU (implementing acts). The Commission has committed itself[1], with regard to Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers[2], to reviewing legislative acts which currently contain references to the regulatory procedure with scrutiny in the light of the criteria laid down in the Treaty. The overall objective is by the end of Parliament's seventh term (June 2014), to remove all provisions referring to the regulatory procedure with scrutiny from all legislative instruments. The aim of this proposal is to modify nine legislative acts in the domain of agricultural and fishery statistics in order to align them with the new institutional context. For the sake of completeness, the list of instruments to be aligned is: (1) Council Directive 96/16/EC of 19 March 1996 on statistical surveys of milk and milk products[3]; (2) Regulation (EC) No 138/2004 of the European Parliament and of the Council of 5 December 2003 on the economic accounts for agriculture in the Community[4]; (3) Regulation (EC) No 1921/2006 of the European Parliament and of the Council of 18 December 2006 on the submission of statistical data on landings of fishery products in Member States and repealing Council Regulation (EEC) No 1382/91[5]; (4) Regulation (EC) No 762/2008 of the European Parliament and of the Council of 9 July 2008 on the submission by Member States of statistics on aquaculture and repealing Council Regulation (EC) No 788/96[6]; (5) Regulation (EC) No 1165/2008 of the European Parliament and of the Council of 19 November 2008 concerning livestock and meat statistics and repealing Council Directives 93/23/EEC, 93/24/EEC and 93/25/EEC[7]; (6) Regulation (EC) No 216/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (recast)[8]; (7) Regulation (EC) No 217/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of catch and activity statistics by Member States fishing in the north-west Atlantic (recast)[9]; (8) Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (recast)[10]; (9) Regulation (EC) No 543/2009 of the European Parliament and of the Council of 18 June 2009 concerning crop statistics and repealing Council Regulations (EEC) No 837/90 and (EEC) No 959/93[11]. 
Revised version (Article 6 Quality assessment):
1. Each Member State shall provide the Commission (Eurostat) with a yearly report on the quality of the data submitted. 2. At the submission of the data, each Member State shall submit to the Commission a detailed methodological report. In that report, each Member State shall describe how the data were collected and compiled. This report shall include details of sampling techniques, estimation methods and of sources used other than surveys and an evaluation of the quality of the resultant estimates. A proposed format for the methodological report is indicated in Annex VI. 3. The Commission shall examine the reports and present its conclusions to the Member States.
Article 7 Transitional period
1. Full calendar year transitional periods for implementing this Regulation lasting not more than three years from 1 January 2009 may be granted to Member States in accordance with the management procedure referred to in Article 10(2), in so far as the application of this Regulation to their national statistical systems requires major adaptations and is likely to cause significant practical problems. 2. To this end, a Member State shall present a duly motivated request to the Commission by 31 December 2008.
Article 8 Derogations
1. In cases where inclusion in the statistics of a particular sector of aquaculture activities would cause difficulties to the national authorities not commensurate with the importance of that sector, a derogation may be granted in accordance with the management procedure referred to in Article 10(2). Such derogation shall permit a Member State to exclude data covering that sector from the national data submitted or to employ estimation methods used to provide data for more than 10 % of the total production. 2. Member States shall support any request for derogations, which must be made prior to the deadline for the first submission of the data, by sending the Commission a report on problems encountered in applying this Regulation. 3. Should a change in the situation for collecting the data create unforeseen difficulties for the national authorities, a duly justified request for a derogation may be submitted by the Member States after the deadline for the first submission of the data.
Amendment rationale: EXPLANATORY MEMORANDUM 1. CONTEXT OF THE PROPOSAL The Treaty on the Functioning of the European Union (TFEU) makes a distinction between (a) the powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act as laid down in Article 290(1) of the TFEU (delegated acts), and (b) the powers conferred upon the Commission to adopt uniform conditions for implementing legally binding Union acts as laid down in Article 291(2) of the TFEU (implementing acts). The Commission has committed itself[1], with regard to Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers[2], to reviewing legislative acts which currently contain references to the regulatory procedure with scrutiny in the light of the criteria laid down in the Treaty. The overall objective is by the end of Parliament's seventh term (June 2014), to remove all provisions referring to the regulatory procedure with scrutiny from all legislative instruments. The aim of this proposal is to modify nine legislative acts in the domain of agricultural and fishery statistics in order to align them with the new institutional context. For the sake of completeness, the list of instruments to be aligned is: (1) Council Directive 96/16/EC of 19 March 1996 on statistical surveys of milk and milk products[3]; (2) Regulation (EC) No 138/2004 of the European Parliament and of the Council of 5 December 2003 on the economic accounts for agriculture in the Community[4]; (3) Regulation (EC) No 1921/2006 of the European Parliament and of the Council of 18 December 2006 on the submission of statistical data on landings of fishery products in Member States and repealing Council Regulation (EEC) No 1382/91[5]; (4) Regulation (EC) No 762/2008 of the European Parliament and of the Council of 9 July 2008 on the submission by Member States of statistics on aquaculture and repealing Council Regulation (EC) No 788/96[6]; (5) Regulation (EC) No 1165/2008 of the European Parliament and of the Council of 19 November 2008 concerning livestock and meat statistics and repealing Council Directives 93/23/EEC, 93/24/EEC and 93/25/EEC[7]; (6) Regulation (EC) No 216/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (recast)[8]; (7) Regulation (EC) No 217/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of catch and activity statistics by Member States fishing in the north-west Atlantic (recast)[9]; (8) Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (recast)[10]; (9) Regulation (EC) No 543/2009 of the European Parliament and of the Council of 18 June 2009 concerning crop statistics and repealing Council Regulations (EEC) No 837/90 and (EEC) No 959/93[11]. 
Revised version (Article 8 Derogations):
1. Where the inclusion in the statistics of a particular sector of aquaculture activities of a Member State would cause difficulties to the national authorities disproportionate to the importance of that sector, the Commission shall adopt implementing acts granting a derogation permitting that Member State to exclude statistical data covering that sector from the national statistical data submitted. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 10(2). 2. Member States shall support any request for derogations, which must be made prior to the deadline for the first submission of the data, by sending the Commission a report on problems encountered in applying this Regulation. 3. Should a change in the situation for collecting the data create unforeseen difficulties for the national authorities, a duly justified request for a derogation may be submitted by the Member States after the deadline for the first submission of the data.
Article 9 Technical provisions
1. The measures designed to amend non-essential elements of this Regulation, inter alia , by supplementing it, relating to technical changes to the Annexes shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(3). 2. The format in which statistics shall be submitted shall be adopted in accordance with the management procedure referred to in Article 10(2).
Amendment rationale: EXPLANATORY MEMORANDUM 1. CONTEXT OF THE PROPOSAL The Treaty on the Functioning of the European Union (TFEU) makes a distinction between (a) the powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act as laid down in Article 290(1) of the TFEU (delegated acts), and (b) the powers conferred upon the Commission to adopt uniform conditions for implementing legally binding Union acts as laid down in Article 291(2) of the TFEU (implementing acts). The Commission has committed itself[1], with regard to Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers[2], to reviewing legislative acts which currently contain references to the regulatory procedure with scrutiny in the light of the criteria laid down in the Treaty. The overall objective is by the end of Parliament's seventh term (June 2014), to remove all provisions referring to the regulatory procedure with scrutiny from all legislative instruments. The aim of this proposal is to modify nine legislative acts in the domain of agricultural and fishery statistics in order to align them with the new institutional context. For the sake of completeness, the list of instruments to be aligned is: (1) Council Directive 96/16/EC of 19 March 1996 on statistical surveys of milk and milk products[3]; (2) Regulation (EC) No 138/2004 of the European Parliament and of the Council of 5 December 2003 on the economic accounts for agriculture in the Community[4]; (3) Regulation (EC) No 1921/2006 of the European Parliament and of the Council of 18 December 2006 on the submission of statistical data on landings of fishery products in Member States and repealing Council Regulation (EEC) No 1382/91[5]; (4) Regulation (EC) No 762/2008 of the European Parliament and of the Council of 9 July 2008 on the submission by Member States of statistics on aquaculture and repealing Council Regulation (EC) No 788/96[6]; (5) Regulation (EC) No 1165/2008 of the European Parliament and of the Council of 19 November 2008 concerning livestock and meat statistics and repealing Council Directives 93/23/EEC, 93/24/EEC and 93/25/EEC[7]; (6) Regulation (EC) No 216/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (recast)[8]; (7) Regulation (EC) No 217/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of catch and activity statistics by Member States fishing in the north-west Atlantic (recast)[9]; (8) Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (recast)[10]; (9) Regulation (EC) No 543/2009 of the European Parliament and of the Council of 18 June 2009 concerning crop statistics and repealing Council Regulations (EEC) No 837/90 and (EEC) No 959/93[11]. 
Revised version (Article 9 Technical provisions):
1. The Commission shall be empowered to adopt delegated acts, in accordance with Article 9a, concerning technical amendments to Annex I, to adapt the definitions to changes in international definitions, and concerning amendments to Annexes II to VI. Those delegated acts shall be adopted only where they are necessary in order to take account of economic and technical developments, they do not change the optional nature of required information and they do not impose a significant additional burden on Member States or on the respondents. The Commission shall duly justify the statistical actions provided for in those delegated acts, using, where appropriate, input from relevant experts based on a cost-effectiveness analysis, including an assessment of the burden on the 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 ( 7 ). 2. The Commission shall adopt implementing acts laying down the format in which statistics shall be submitted. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 10(2).
Article 10 Committee procedure
1. The Commission shall be assisted by the Standing Committee for Agricultural Statistics. 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.
Amendment rationale: EXPLANATORY MEMORANDUM 1. CONTEXT OF THE PROPOSAL The Treaty on the Functioning of the European Union (TFEU) makes a distinction between (a) the powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of the legislative act as laid down in Article 290(1) of the TFEU (delegated acts), and (b) the powers conferred upon the Commission to adopt uniform conditions for implementing legally binding Union acts as laid down in Article 291(2) of the TFEU (implementing acts). The Commission has committed itself[1], with regard to Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers[2], to reviewing legislative acts which currently contain references to the regulatory procedure with scrutiny in the light of the criteria laid down in the Treaty. The overall objective is by the end of Parliament's seventh term (June 2014), to remove all provisions referring to the regulatory procedure with scrutiny from all legislative instruments. The aim of this proposal is to modify nine legislative acts in the domain of agricultural and fishery statistics in order to align them with the new institutional context. For the sake of completeness, the list of instruments to be aligned is: (1) Council Directive 96/16/EC of 19 March 1996 on statistical surveys of milk and milk products[3]; (2) Regulation (EC) No 138/2004 of the European Parliament and of the Council of 5 December 2003 on the economic accounts for agriculture in the Community[4]; (3) Regulation (EC) No 1921/2006 of the European Parliament and of the Council of 18 December 2006 on the submission of statistical data on landings of fishery products in Member States and repealing Council Regulation (EEC) No 1382/91[5]; (4) Regulation (EC) No 762/2008 of the European Parliament and of the Council of 9 July 2008 on the submission by Member States of statistics on aquaculture and repealing Council Regulation (EC) No 788/96[6]; (5) Regulation (EC) No 1165/2008 of the European Parliament and of the Council of 19 November 2008 concerning livestock and meat statistics and repealing Council Directives 93/23/EEC, 93/24/EEC and 93/25/EEC[7]; (6) Regulation (EC) No 216/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (recast)[8]; (7) Regulation (EC) No 217/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of catch and activity statistics by Member States fishing in the north-west Atlantic (recast)[9]; (8) Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (recast)[10]; (9) Regulation (EC) No 543/2009 of the European Parliament and of the Council of 18 June 2009 concerning crop statistics and repealing Council Regulations (EEC) No 837/90 and (EEC) No 959/93[11]. 
Revised version (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 ( 8 ). 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 11 Evaluation report
By 31 December 2011 and every three years thereafter, the Commission shall submit an evaluation report to the European Parliament and to the Council on the statistics compiled pursuant to this Regulation and, in particular, on their relevance and quality. This report shall also undertake a cost-effectiveness analysis of the system introduced to collect and draw up the statistics and shall indicate best practices to lessen the workload for Member States and enhance the usefulness and quality of the data.
Article 12 Repeal
1. Without prejudice to paragraph 3, Regulation (EC) No 788/96 is hereby repealed. 2. References to the repealed Regulation shall be construed as references to this Regulation. 3. By way of derogation from the second paragraph of Article 13 of this Regulation, a Member State having been granted a transitional period in accordance with Article 7 of this Regulation shall continue to apply the provisions of Regulation (EC) No 788/96 for the duration of the transitional period granted.
Article 13 Entry into force
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union . It shall apply from 1 January 2009.