Directive 2009/42/EC of the European Parliament and of the CouncilShow full 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)

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:

(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.