Article 1 Subject matter
This Regulation establishes common rules for the production of Community statistics concerning inland waterways transport.
Article 2 Scope
1. Member States shall transmit to the Commission (Eurostat) data relating to inland waterways transport on their national territory. 2. Member States in which the total volume of goods transported annually by inland waterways as national, international or transit transport exceeds 1 000 000 tonnes shall supply the data referred to in Article 4(1). 3. By way of derogation from paragraph 2, Member States where there is no international or transit inland waterways transport but where the total volume of goods transported annually by inland waterways as national transport exceeds 1 000 000 tonnes shall supply only the data required under Article 4(2). 4. This Regulation shall not apply to: (a) the carriage of goods by vessels of less than 50 deadweight tonnes; (b) vessels used principally for the carriage of passengers; (c) vessels used for ferrying purposes; (d) vessels used solely for non-commercial purposes by port administrations and public authorities; (e) vessels used solely for bunkering or storage; (f) vessels not used for the carriage of goods such as fishery vessels, dredgers, floating workshops, houseboats and pleasure craft.
Amendment rationale: CONTEXT OF THE PROPOSAL The Treaty on the Functioning of the European Union (TFEU) makes a distinction between the powers which may be 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 the implementing powers which shall be conferred on the Commission where uniform conditions for implementing legally binding Union acts are needed, as laid down in Article 291(2) of the TFEU (implementing acts). In connection with the adoption of 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[1], the Commission has committed itself[2] to reviewing, in light of the criteria laid down in the TFEU, and in particular in Article 290, legislative acts which were not adapted to the regulatory procedure with scrutiny before the entry into force of the Lisbon Treaty. In the context of the alignment of 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[3] to the new rules of the TFEU, implementing powers currently conferred upon the Commission by that Regulation should be provided for by powers to adopt delegated and/or implementing acts.
Revised version (Article 2 Scope):
1. Member States shall transmit to the Commission (Eurostat) data relating to inland waterways transport on their national territory. 2. Member States in which the total volume of goods transported annually by inland waterways as national, international or transit transport exceeds 1 000 000 tonnes shall supply the data referred to in Article 4(1). 3. By way of derogation from paragraph 2, Member States where there is no international or transit inland waterways transport but where the total volume of goods transported annually by inland waterways as national transport exceeds 1 000 000 tonnes shall supply only the data required under Article 4(2). 4. This Regulation shall not apply to: (a) the carriage of goods by vessels of less than 50 deadweight tonnes; (b) vessels used principally for the carriage of passengers; (c) vessels used for ferrying purposes; (d) vessels used solely for non-commercial purposes by port administrations and public authorities; (e) vessels used solely for bunkering or storage; (f) vessels not used for the carriage of goods such as fishery vessels, dredgers, floating workshops, houseboats and pleasure craft. 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 ( 1 ).
Article 3 Definitions
For the purposes of this Regulation the following definitions shall apply: (a) ‘navigable inland waterway’ means a watercourse, not part of the sea, which by natural or man-made features is suitable for navigation, primarily by inland waterway vessels; (b) ‘inland waterway vessel’ means a floating craft designed for the carriage of goods or public transport of passengers which navigates predominantly in navigable inland waterways or in waters within, or closely adjacent to sheltered waters or areas where port regulations apply; (c) ‘nationality of the vessel’ means the country in which the vessel is registered; (d) ‘inland waterways transport’ means any movement of goods and/or passengers using inland waterways vessels which is undertaken wholly or partly in navigable inland waterways; (e) ‘national inland waterways transport’ means inland waterways transport between two ports of a national territory irrespective of the nationality of the vessel; (f) ‘international inland waterways transport’ means inland waterways transport between two ports located in different national territories; (g) ‘transit inland waterways transport’ means inland waterways transport through a national territory between two ports both located in another national territory or national territories provided that in the total journey within the national territory there is no transshipment; (h) ‘inland waterways traffic’ means any movement of a vessel on a given navigable inland waterway,
Amendment rationale: CONTEXT OF THE PROPOSAL The Treaty on the Functioning of the European Union (TFEU) makes a distinction between the powers which may be 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 the implementing powers which shall be conferred on the Commission where uniform conditions for implementing legally binding Union acts are needed, as laid down in Article 291(2) of the TFEU (implementing acts). In connection with the adoption of 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[1], the Commission has committed itself[2] to reviewing, in light of the criteria laid down in the TFEU, and in particular in Article 290, legislative acts which were not adapted to the regulatory procedure with scrutiny before the entry into force of the Lisbon Treaty. In the context of the alignment of 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[3] to the new rules of the TFEU, implementing powers currently conferred upon the Commission by that Regulation should be provided for by powers to adopt delegated and/or implementing acts.
Revised version (Article 3 Definitions):
For the purposes of this Regulation the following definitions shall apply: (a) ‘navigable inland waterway’ means a watercourse, not part of the sea, which by natural or man-made features is suitable for navigation, primarily by inland waterway vessels; (b) ‘inland waterway vessel’ means a floating craft designed for the carriage of goods or public transport of passengers which navigates predominantly in navigable inland waterways or in waters within, or closely adjacent to sheltered waters or areas where port regulations apply; (c) ‘nationality of the vessel’ means the country in which the vessel is registered; (d) ‘inland waterways transport’ means any movement of goods and/or passengers using inland waterways vessels which is undertaken wholly or partly in navigable inland waterways; (e) ‘national inland waterways transport’ means inland waterways transport between two ports of a national territory irrespective of the nationality of the vessel; (f) ‘international inland waterways transport’ means inland waterways transport between two ports located in different national territories; (g) ‘transit inland waterways transport’ means inland waterways transport through a national territory between two ports both located in another national territory or national territories provided that in the total journey within the national territory there is no transshipment; (h) ‘inland waterways traffic’ means any movement of a vessel on a given navigable inland waterway, 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.
Article 4 Data collection
1. Data shall be collected in accordance with the tables set out in Annexes A to D. 2. In the case referred to in Article 2(3) data shall be collected in accordance with the table set out in Annex E. 3. For the purposes of this Regulation, goods shall be classified in accordance with Annex F.
Amendment rationale: CONTEXT OF THE PROPOSAL The Treaty on the Functioning of the European Union (TFEU) makes a distinction between the powers which may be 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 the implementing powers which shall be conferred on the Commission where uniform conditions for implementing legally binding Union acts are needed, as laid down in Article 291(2) of the TFEU (implementing acts). In connection with the adoption of 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[1], the Commission has committed itself[2] to reviewing, in light of the criteria laid down in the TFEU, and in particular in Article 290, legislative acts which were not adapted to the regulatory procedure with scrutiny before the entry into force of the Lisbon Treaty. In the context of the alignment of 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[3] to the new rules of the TFEU, implementing powers currently conferred upon the Commission by that Regulation should be provided for by powers to adopt delegated and/or implementing acts.
Revised version (Article 4 Data collection):
1. Data shall be collected in accordance with the tables set out in Annexes A to D. 2. In the case referred to in Article 2(3) data shall be collected in accordance with the table set out in Annex E. 3. For the purposes of this Regulation, goods shall be classified in accordance with Annex F. 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.
Article 5 Transmission of data
1. The first period of observation shall begin on 1 January 2007. The transmission of data shall take place as soon as possible and no later than five months after the end of the relevant period of observation. 2. During the first three years of application of this Regulation, the time allowed for the transmission of data referred to in paragraph 1 may be extended in accordance with the procedure referred to in Article 10(2). The maximum time allowed for transmission, including any extension granted, shall not exceed eight months. Extensions of the time allowed for transmission are set out in Annex G.
Amendment rationale: CONTEXT OF THE PROPOSAL The Treaty on the Functioning of the European Union (TFEU) makes a distinction between the powers which may be 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 the implementing powers which shall be conferred on the Commission where uniform conditions for implementing legally binding Union acts are needed, as laid down in Article 291(2) of the TFEU (implementing acts). In connection with the adoption of 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[1], the Commission has committed itself[2] to reviewing, in light of the criteria laid down in the TFEU, and in particular in Article 290, legislative acts which were not adapted to the regulatory procedure with scrutiny before the entry into force of the Lisbon Treaty. In the context of the alignment of 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[3] to the new rules of the TFEU, implementing powers currently conferred upon the Commission by that Regulation should be provided for by powers to adopt delegated and/or implementing acts.
Revised version (Article 5 Transmission of data):
1. The first period of observation shall begin on 1 January 2007. The transmission of data shall take place as soon as possible and no later than five months after the end of the relevant period of observation. 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).
Article 6 Dissemination
Community statistics based on the data referred to in Article 4 shall be disseminated with a frequency similar to that laid down for the transmission of data by the Member States.
Amendment rationale: CONTEXT OF THE PROPOSAL The Treaty on the Functioning of the European Union (TFEU) makes a distinction between the powers which may be 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 the implementing powers which shall be conferred on the Commission where uniform conditions for implementing legally binding Union acts are needed, as laid down in Article 291(2) of the TFEU (implementing acts). In connection with the adoption of 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[1], the Commission has committed itself[2] to reviewing, in light of the criteria laid down in the TFEU, and in particular in Article 290, legislative acts which were not adapted to the regulatory procedure with scrutiny before the entry into force of the Lisbon Treaty. In the context of the alignment of 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[3] to the new rules of the TFEU, implementing powers currently conferred upon the Commission by that Regulation should be provided for by powers to adopt delegated and/or implementing acts.
Revised version (Article 6 Dissemination):
Community statistics based on the data referred to in Article 4 shall be disseminated with a frequency similar to that laid down for the transmission of data by the Member States. 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).
Article 7 Quality of data
1. The Commission (Eurostat) shall develop and publish, in accordance with the procedure referred to in Article 10(2), methodological requirements and criteria designed to ensure the quality of the data produced. 2. Member States shall take all measures necessary to ensure the quality of the data transmitted. 3. The Commission (Eurostat) shall assess the quality of the data transmitted. Member States shall supply the Commission (Eurostat) with a report containing such information and data as it may request in order to verify the quality of the data transmitted.
Amendment rationale: CONTEXT OF THE PROPOSAL The Treaty on the Functioning of the European Union (TFEU) makes a distinction between the powers which may be 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 the implementing powers which shall be conferred on the Commission where uniform conditions for implementing legally binding Union acts are needed, as laid down in Article 291(2) of the TFEU (implementing acts). In connection with the adoption of 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[1], the Commission has committed itself[2] to reviewing, in light of the criteria laid down in the TFEU, and in particular in Article 290, legislative acts which were not adapted to the regulatory procedure with scrutiny before the entry into force of the Lisbon Treaty. In the context of the alignment of 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[3] to the new rules of the TFEU, implementing powers currently conferred upon the Commission by that Regulation should be provided for by powers to adopt delegated and/or implementing acts.
Revised version (Article 7 Quality of data):
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). 2. Member States shall take all measures necessary to ensure the quality of the data transmitted. 3. The Commission (Eurostat) shall assess the quality of the data transmitted. Member States shall supply the Commission (Eurostat) with a report containing such information and data as it may request in order to verify the quality of the data transmitted. 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).
Article 8 Report on implementation
By 15 October 2009 and after consulting the Statistical Programme Committee, the Commission shall submit a report to the European Parliament and the Council on the implementation of this Regulation. In particular, that report shall: (a) assess the benefits accruing to the Community, 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 statistics produced; (c) identify areas for potential improvement and any amendments considered necessary in the light of the results obtained.
Amendment rationale: CONTEXT OF THE PROPOSAL The Treaty on the Functioning of the European Union (TFEU) makes a distinction between the powers which may be 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 the implementing powers which shall be conferred on the Commission where uniform conditions for implementing legally binding Union acts are needed, as laid down in Article 291(2) of the TFEU (implementing acts). In connection with the adoption of 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[1], the Commission has committed itself[2] to reviewing, in light of the criteria laid down in the TFEU, and in particular in Article 290, legislative acts which were not adapted to the regulatory procedure with scrutiny before the entry into force of the Lisbon Treaty. In the context of the alignment of 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[3] to the new rules of the TFEU, implementing powers currently conferred upon the Commission by that Regulation should be provided for by powers to adopt delegated and/or implementing acts.
Revised version (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.
Article 9 Implementing measures
The measures for implementing this Regulation, including measures to take account of economic and technical trends, shall be laid down in accordance with the procedure referred to in Article 10(2). Such measures shall concern: (a) adaptation of the threshold for statistical coverage of inland waterways transport (Article 2); (b) adaptation of the definitions and adoption of additional definitions (Article 3); (c) adaptation of the data collection scope and the content of the annexes (Article 4); (d) arrangements for transmitting data to the Commission (Eurostat) including data interchange standards (Article 5); (e) arrangements for the dissemination of results by the Commission (Eurostat) (Article 6); (f) development and publication of methodological requirements and criteria (Article 7).
Amendment rationale: CONTEXT OF THE PROPOSAL The Treaty on the Functioning of the European Union (TFEU) makes a distinction between the powers which may be 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 the implementing powers which shall be conferred on the Commission where uniform conditions for implementing legally binding Union acts are needed, as laid down in Article 291(2) of the TFEU (implementing acts). In connection with the adoption of 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[1], the Commission has committed itself[2] to reviewing, in light of the criteria laid down in the TFEU, and in particular in Article 290, legislative acts which were not adapted to the regulatory procedure with scrutiny before the entry into force of the Lisbon Treaty. In the context of the alignment of 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[3] to the new rules of the TFEU, implementing powers currently conferred upon the Commission by that Regulation should be provided for by powers to adopt delegated and/or implementing acts.
Article 10 Committee procedure
1. The Commission shall be assisted by the Statistical Programme Committee established by Article 1 of Decision 89/382/EEC, Euratom. 2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 3. The Committee shall adopt its rules of procedure.
Amendment rationale: CONTEXT OF THE PROPOSAL The Treaty on the Functioning of the European Union (TFEU) makes a distinction between the powers which may be 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 the implementing powers which shall be conferred on the Commission where uniform conditions for implementing legally binding Union acts are needed, as laid down in Article 291(2) of the TFEU (implementing acts). In connection with the adoption of 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[1], the Commission has committed itself[2] to reviewing, in light of the criteria laid down in the TFEU, and in particular in Article 290, legislative acts which were not adapted to the regulatory procedure with scrutiny before the entry into force of the Lisbon Treaty. In the context of the alignment of 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[3] to the new rules of the TFEU, implementing powers currently conferred upon the Commission by that Regulation should be provided for by powers to adopt delegated and/or implementing acts.
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 ( 3 ). 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 11 Transitional provisions and repeal
1. Member States shall provide statistical results for the year 2006 in accordance with Directive 80/1119/EEC. 2. Directive 80/1119/EEC is hereby repealed with effect from 1 January 2007.
Article 12 Entry into force
This Regulation shall enter into force on the 20th 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.