Proposal for a Regulation of the European Parliament and of the Council amending Directive 2009/42/EC of the European Parliament and of the Council on statistical returns in respect of carriage of goods and passengers by sea - Outcome of the European Parliament's first reading (Strasbourg, 18 to 21 October 2010) - Montesquieu Instituut

 

COUNCIL OFBrussels, 25 October 2010

THE EUROPEAN UNION

15022/10

Interinstitutional File:

2010/0041 (COD)

CODEC 1059 STATIS 81 MAR 106 PE 447

NOTE

from:

General Secretariat

to: Permanent Representatives Committee/Council

Subject : Proposal for a Regulation of the European Parliament and of the Council

amending Directive 2009/42/EC of the European Parliament and of the Council

on statistical returns in respect of carriage of goods and passengers by sea

• - 

  Outcome of the European Parliament's first reading

(Strasbourg, 18 to 21 October 2010)

I. INTRODUCTION

In accordance with the provisions of Article 294 of the TFEU and the joint declaration on practical arrangements for the co-decision procedure

II. VOTE

When it voted on 19 October 2010, the plenary adopted the compromise amendments to the proposal. No other amendments were tabled. The amendments adopted correspond to what was agreed between the three institutions and ought therefore to be acceptable to the Council. Consequently, once the Legal/Linguistic Experts

1 have examined the text, the Council should be in

a position to adopt the legislative act.

The text of the amendment adopted and the European Parliament's legislative resolution are set out in the Annex hereto. The amendment is presented in the form of a consolidated text where added wordings are highlighted in bold and italics, the symbol " " indicates deleted text and the symbol "" indicates changes of a linguistic or clerical nature.

_____________

-

ANNEX

(19.10.2010)

Amendment of Directive 2009/42/EC of the European Parliament and of the Council on statistical returns in respect of carriage of goods and passengers by sea ***I

European Parliament legislative resolution of 19 October 2010 on the proposal for a regulation of the European Parliament and of the Council amending Directive 2009/42/EC of the European Parliament and of the Council on statistical returns in respect of carriage of goods and passengers by sea (COM(2010)0065 C7-0068/2010 2010/0041(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

having regard to the Commission proposal to the European Parliament and the Council

(COM(2010)0065),

having regard to Article 294(2) and Article 338(1) of the Treaty on the Functioning of the

European Union, pursuant to which the Commission submitted the proposal to Parliament

(C7-0068/2010),

having regard to the undertaking given by the Council representative by letter of 29 September

2010 to approve Parliament's position, in accordance with Article 294(4) of the TFEU,

having regard to Rule 55 of its Rules of Procedure,

having regard to the report of the Committee on Transport and Tourism (A7-0217/2010),

• 1. 

  Adopts its position at first reading hereinafter set out;
• 2. 

  Calls on the Commission to refer the matter to Parliament again if it intends to amend its

P7_TC1-COD(2010)0041

Position of the European Parliament adopted at first reading on 19 October 2010 with a view

to the adoption of a Regulation (EU) No. .../2010 of the European Parliament and of the

Council amending Directive 2009/42/EC of the European Parliament and of the Council on

statistical returns in respect of carriage of goods and passengers by sea

(Text with EEA relevance)

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,

Whereas:

(1) The second paragraph of Annex VIII to Directive 2009/42/EC

2 provides that the conditions

(2) According to the Report from the Commission to the Council and to the European Parliament

on experience acquired in the work carried out pursuant to Directive 95/64/EC ("Commission Report"), the collection of detailed information appeared feasible and to be at a reasonable cost for bulk and semi-bulk cargo. However, the main difficulty occurred in compiling such data for containers and ro-ro traffic. It was appropriate to explore the possibility to extend the scope of Directive 95/64/EC to other items of information listed in Article 10(2)(a) of that Directive only when more experience had been gained with collecting the current variables and when the current system was well established. As regards the collection of commodity information, the potential revisions of the NST/R classification (Standard Goods Classification for Transport Statistics/Revised, 1967) should be taken into account.

(3) The functioning of the current collection system is well established, including the

implementation of the modifications introduced by Commission Decision 2005/366 of 4 March 2005 implementing Council Directive 95/64/EC on statistical returns in respect of carriage of goods and passengers by sea and amending Annexes thereto

1 and the geographical

extension of the system due to the 2004 and 2007 enlargements of the Union.

(4) A large number of Member States transmitting data to the Commission (Eurostat) under the

scope of Directive 95/64/EC have been regularly providing the Commission (Eurostat) with data set B1 on a voluntary basis in accordance with the NST/R classification.

(5) Commission Regulation (EC) No 1304/2007 of 7 November 2007 amending Council

covering the 2008 data. The main problems in compiling data by type of goods in accordance with NST/R classification, as mentioned in the Commission Report, have been solved by the introduction of the NST 2007. Therefore, for the most part, the collection of data set B1 will not impose any additional burden on respondents.

(6) In accordance with Council Regulation (EC) No 1172/98 of 25 May 1998 on statistical

returns in respect of the carriage of goods by road1, Regulation (EC) No 91/2003 of the

European Parliament and of the Council of 16 December 2002 on rail transport statistics2 and

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, the collection of data

by type of goods is mandatory for European statistics on road, rail, and inland waterways transport respectively, while it is voluntary for maritime transport. European statistics on all modes of transport should be collected in accordance with common concepts and standards, with the aim of achieving the fullest practicable comparability between transport modes.

(7) The introduction in 2011 of the obligation to provide the Commission (Eurostat) with data

set B1, provides Member States with an adequate period of time during which a voluntary compilation could be used for the necessary tests and adaptations.

(8) The Commission should be empowered to adopt delegated acts in accordance with

Article 290 TFEU in respect of certain detailed rules for implementing Directive

2009/42/EC. It is of particular importance that the Commission carry out appropriate

Article 1

Directive 2009/42/EC is amended as follows:

(1) In Article 3(4), the second subparagraph is replaced by the following:

"The Commission may adopt those measures by means of delegated acts in accordance

with Article 10a and subject to the conditions of Articles 10b and 10c."

(2) In Article 4(1), the second subparagraph is replaced by the following:

"The Commission may adopt those measures by means of delegated acts in accordance

with Article 10a and subject to the conditions of Articles 10b and 10c."

(3) In Article 5, the third paragraph is replaced by the following:

"The Commission may adopt those measures by means of delegated acts in accordance

with Article 10a and subject to the conditions of Articles 10b and 10c."

(4) In Article 10, paragraph 3 is deleted.

(5) The following Articles are inserted:

accordance with Article 10b.

• 2. 

  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the

European Parliament and to the Council.

• 3. 

  The power to adopt delegated acts is conferred on the Commission subject to the conditions

laid down in Articles 10b and 10c.

Article 10b

Revocation of the delegation

• 1. 

  The delegation of power referred to in Articles 3(4), 4(1) and 5(3) may be revoked at any

time by the European Parliament or by the Council.

• 2. 

  The institution which has commenced an internal procedure for deciding whether to revoke

a delegation of power shall endeavour to inform the other institution and the Commission

within a reasonable time before the final decision is taken, indicating the delegated power

which could be subject to revocation and possible reasons for a revocation.

Article 10c

Objections to delegated acts

• 1. 

  The European Parliament or the Council may object to a delegated act within a period of

two months from the date of notification.

At the initiative of the European Parliament or the Council this period shall be extended by

two months.

• 2. 

  If, on expiry of the period referred to in paragraph 1, neither the European Parliament nor

the Council has objected to the delegated act, it shall be published in the Official Journal of

the European Union and shall enter into force on the date stated therein.

The delegated act may be published in the Official Journal of the European Union and

enter into force before the expiry of that period if the European Parliament and the

Council have both informed the Commission of their intention not to raise objections.

• 3. 

  If either the European Parliament or the Council objects to the delegated act within the

period referred to in paragraph 1, it shall not enter into force. The institution which objects

The first reference year for the application of this Regulation shall be 2011, covering the 2011 data.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the European Parliament

For the Council

The President The President

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