ISSN 1725-2555

Official Journal

of the European Union

L 87

European flag  

English edition

Legislation

Volume 52
31 March 2009


Contents

 

I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

page

 

 

REGULATIONS

 

*

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)  ( 1 )

1

 

*

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)  ( 1 )

42

 

*

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)  ( 1 )

70

 

*

Regulation (EC) No 219/2009 of the European Parliament and of the Council of 11 March 2009 adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny — Adaptation to the regulatory procedure with scrutiny — Part Two

109

 

*

Regulation (EC) No 220/2009 of the European Parliament and of the Council of 11 March 2009 amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, as regards the implementing powers conferred on the Commission

155

 

*

Regulation (EC) No 221/2009 of the European Parliament and of the Council of 11 March 2009 amending Regulation (EC) No 2150/2002 on waste statistics, as regards the implementing powers conferred on the Commission  ( 1 )

157

 

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Regulation (EC) No 222/2009 of the European Parliament and of the Council of 11 March 2009 amending Regulation (EC) No 638/2004 on Community statistics relating to the trading of goods between Member States

160

 

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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  ( 2 )

164

 

 

Corrigenda

 

*

Corrigendum to Regulation (EC) No 1394/2007 of the European Parliament and of the Council of 13 November 2007 on advanced therapy medicinal products and amending Directive 2001/83/EC and Regulation (EC) No 726/2004 (OJ L 324, 10.12.2007)

174

 


 

(1)   Text with EEA relevance

 

(2)   Text with relevance for the EEA and for Switzerland

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.


I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

REGULATIONS

31.3.2009   

EN

Official Journal of the European Union

L 87/1


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)

(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 Regulation (EC) No 2597/95 of 23 October 1995 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic (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)

The European Community has acquired membership of the Food and Agriculture Organisation of the United Nations (FAO).

(3)

The protocol established between the Council of the European Union and the Commission of the European Communities provides for the Commission to supply the FAO with the requested statistics.

(4)

In accordance with the principle of subsidiarity the objectives of the proposed action can only be achieved on the basis of a Community legal act because only the Commission can coordinate the necessary harmonisation of the statistical information at Community level while the collection of fishery statistics and the necessary infrastructure to process and monitor the reliability of those statistics are first and foremost the responsibility of the Member States.

(5)

Several Member States have requested submission of data in a different form or through a different medium from that specified in Annex V (the equivalent of the Statlant questionnaires).

(6)

The measures necessary for the implementation of this Regulation 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).

(7)

In particular, the Commission should be empowered to adapt the lists of statistical fishing areas, or subdivisions thereof, and species. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC,

HAVE ADOPTED THIS REGULATION:

Article 1

Each Member State shall submit to the Commission data on the nominal catches by vessels registered in or flying the flag of that Member State fishing in certain areas other than those of the North Atlantic, with due regard to Council Regulation (Euratom, EEC) No 1588/90 of 11 June 1990 on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities (5).

The nominal catch data shall include all fishery products landed or transhipped at sea in no matter what form but shall exclude quantities which, subsequent to capture, are discarded at sea, consumed on board or used as bait on board. The data shall be recorded as the live weight equivalent of the landings or transhipments, to the nearest tonne.

Article 2

1.   The data to be submitted shall be the nominal catches in each of the major fishing areas and subdivisions thereof as listed in Annex I, described in Annex II and illustrated in Annex III. For each of the major fishing areas the species for which data are required are listed in Annex IV.

2.   The data for each calendar year shall be submitted within six months of the end of the year.

3.   Where the Member State's vessels under Article 1 have not fished in a major fishing area in the calendar year, the Member State shall inform the Commission to this effect. However, where fishing has occurred in a major fishing area, submissions shall only be required for species/subdivision combinations for which catches were recorded in the annual period of the submission.

4.   The data for species of minor importance caught by the vessels of a Member State need not be individually identified in the submissions but may be included in an aggregated item provided that the weight of the products does not exceed 5 % of the total annual catch in that major fishing area.

5.   The Commission may amend the lists of statistical fishing areas, or subdivisions thereof, and species.

Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 5(2).

Article 3

Except where provisions adopted under the common fisheries policy dictate otherwise, a Member State shall be permitted to use sampling techniques to derive catch data for those parts of the fleet for which the complete coverage of the data would involve the excessive application of administrative procedures. The details of the sampling procedures, together with details of the proportion of the total data derived by such techniques, must be included by the Member State in the report submitted pursuant to Article 6(1).

Article 4

Member States shall fulfil their obligations pursuant to Articles 1 and 2 by submitting the data on magnetic medium, the format of which is given in Annex V.

Member States may submit data in the format detailed in Annex VI.

With the prior approval of the Commission, Member States may submit data in a different form or on a different medium.

Article 5

1.   The Commission shall be assisted by the Standing Committee for Agricultural Statistics, set up by Council Decision 72/279/EEC (6), hereinafter referred to as ‘the Committee’.

2.   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.

Article 6

1.   By 14 November 1996 Member States shall submit a detailed report to the Commission describing how the data on catches are derived and specifying the degree of representativeness and reliability of those data. The Commission shall draw up a summary of those reports for discussion within the competent Working Group of the Committee.

2.   Member States shall inform the Commission of any modifications to the information provided under paragraph 1 within three months of their introduction.

3.   Methodological reports, data availability and data reliability referred to in paragraph 1 and other relevant issues connected with the application of this Regulation shall be examined once a year within the competent Working Group of the Committee.

Article 7

1.   Regulation (EC) No 2597/95 is hereby repealed.

2.   References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VIII.

Article 8

This Regulation shall enter into force on the 20th day following 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 Strasbourg, 11 March 2009.

For the European Parliament

The President

H.-G. PÖTTERING

For the Council

The President

A. VONDRA


(1)  Opinion of the European Parliament of 17 June 2008 (not yet published in the Official Journal) and Council Decision of 26 February 2009.

(2)  OJ L 270, 13.11.1995, p. 1.

(3)  See Annex VII.

(4)  OJ L 184, 17.7.1999, p. 23.

(5)  OJ L 151, 15.6.1990, p. 1.

(6)  OJ L 179, 7.8.1972, p. 1.


ANNEX I

LIST OF THE FAO MAJOR FISHING AREAS AND SUBDIVISIONS THEREOF FOR WHICH DATA ARE TO BE SUBMITTED

(The descriptions of these areas and subdivisions are to be found in Annex II)

EASTERN CENTRAL ATLANTIC (Major fishing area 34)

34.1.1.

Morocco coastal division

34.1.2.

Canaries/Madeira insular division

34.1.3.

Sahara coastal division

34.2.

Northern oceanic sub-area

34.3.1.

Cape Verde coastal division

34.3.2.

Cape Verde insular division

34.3.3.

Sherbro division

34.3.4.

Western Gulf of Guinea division

34.3.5.

Central Gulf of Guinea division

34.3.6.

Southern Gulf of Guinea division

34.4.1.

South-west Gulf of Guinea division

34.4.2.

South-west oceanic division

MEDITERRANEAN AND BLACK SEA (Major fishing area 37)

37.1.1.

Balearic division

37.1.2.

Gulf of Lions division

37.1.3.

Sardinia division

37.2.1.

Adriatic division

37.2.2.

Ionian division

37.3.1.

Aegean division

37.3.2.

Levant division

37.4.1.

Marmara Sea division

37.4.2.

Black Sea division

37.4.3.

Azov Sea division

SOUTH-WEST ATLANTIC (Major fishing area 41)

41.1.1.

Amazon division

41.1.2.

Natal division

41.1.3.

Salvador division

41.1.4.

Northern oceanic division

41.2.1.

Santos division

41.2.2.

Rio Grande division

41.2.3.

Platense division

41.2.4.

Central Oceanic division

41.3.1.

Northern Patagonian division

41.3.2.

Southern Patagonian division

41.3.3.

Southern oceanic division

SOUTH-EAST ATLANTIC (Major fishing area 47)

47.1.1.

Cape Palmeirinhas division

47.1.2.

Cape Salinas division

47.1.3.

Cunene division

47.1.4.

Cape Cross division

47.1.5.

Orange River division

47.1.6.

Cape of Good Hope division

47.2.1.

Middle Agulhas division

47.2.2.

Eastern Agulhas division

47.3.

Southern oceanic sub-area

47.4.

Tristan da Cunha sub-area

47.5.

St Helena and Ascension sub-area

WESTERN INDIAN OCEAN (Major fishing area 51)

51.1.

Red Sea sub-area

51.2.

Gulf sub-area

51.3.

Western Arabian Sea sub-area

51.4.

Eastern Arabian Sea, Laccadive and Sri Lanka sub-area

51.5.

Somalia, Kenya and Tanzania sub-area

51.6.

Madagascar and Mozambique Channel sub-area

51.7.

Oceanic sub-area

51.8.1.

Marion-Edward division

51.8.2.

Zambesi division


ANNEX II

EASTERN CENTRAL ATLANTIC (Major fishing area 34)

Annex III A shows the boundaries and the sub-areas, divisions and subdivisions of the eastern central Atlantic (Major fishing area 34 (eastern central Atlantic)). A description of the area and its sub-areas, divisions and subdivisions follows. The eastern central Atlantic includes all the waters of the Atlantic bounded by a line drawn as follows:

from a point on the high-water mark of North Africa at 5o36′ west longitude in a south-westerly direction following the high-water mark along this coast to a point at Ponta do Padrão (6o04′36″ south latitude and 12o19′48″ east longitude); thence along a rhumb line in a north-westerly direction to a point on 6o00′ south latitude and 12o00′ east longitude; thence due west along 6o00′ south latitude to 20o00′ west longitude; thence due north to the Equator; thence due west to 30o00′ west longitude; thence due north to 5o00′ north latitude; thence due west to 40o00′ west longitude, thence due north to 36o00′ north latitude; thence due east to Punta Marroqui at 5o36′ west longitude; thence due south to the original point on the African coast.

The eastern central Atlantic is subdivided in the following way:

Northern coastal sub-area (Sub-area 34.1)

(a)   Morocco coastal division (Division 34.1.1)

Waters lying between 36o00′ north latitude and 26o00′ north latitude, and east of a line drawn due south from 36o00′ north latitude along 13o00′ west longitude to 29o00′ north latitude, and thence in south-westerly direction along a rhumb line to a point at 26o00′ north latitude and 16o00′ west longitude.

(b)   Canaries/Madeira insular (Division 34.1.2)

Waters lying between 36o00′ north latitude and 26o00′ north latitude, and between 20o00′ west longitude and a line drawn from 36o00′ north latitude along 13o00′ west longitude to 29o00′ north latitude, and thence along a rhumb line to a point at 26o00′ north latitude and 16o00′ west longitude.

(c)   Sahara coastal division (Division 34.1.3)

Waters lying between 26o00′ north latitude and 19o00′ north latitude and east of 20o00′ west longitude.

Northern oceanic sub-area (Sub-area 34.2)

Waters lying between 36o00′ north latitude and 20o00′ north latitude and between 40o00′ west longitude and 20o00′ west longitude.

Southern coastal sub-area (Sub-area 34.3)

(a)   Cape Verde coastal division (Division 34.3.1)

Waters lying between 19o00′ and 9o00′ north latitude, and east of 20o00′ west longitude.

(b)   Cape Verde insular division (Division 34.3.2)

Waters lying between 20o00′ north latitude and 10o00′ north latitude, and between 30o00′ west longitude and 20o00′ west longitude.

(c)   Sherbro division (Division 34.3.3)

Waters lying between 9o00′ north latitude and the Equator, and between 20o00′ west longitude and 8o00′ west longitude.

(d)   Western Gulf of Guinea division (Division 34.3.4)

Waters lying north of the Equator, and between 8o00′ west longitude and 3o00′ east longitude.

(e)   Central Gulf of Guinea division (Division 34.3.5)

Waters lying north of the Equator, and east of 3o00′ east longitude.

(f)   Southern Gulf of Guinea division (Division 34.3.6)

Waters lying between the Equator and 6o00′ south latitude, and east of 3o00′ east longitude. This division includes also the waters of the Congo estuary lying south of 6o00′ south latitude included by a line drawn from a point at Ponta do Padrão (6o04′36″ south latitude and 12o19′48″ east longitude) along a rhumb line in a north-westerly direction to a point on 6o00′ south latitude and 12o00′ east longitude, and thence due east along 6o00′ south latitude to the African coast and thence along the African coast to the original point at Ponta do Padrão.

Southern oceanic sub-area (Sub-area 34.4)

(a)   South-west Gulf of Guinea division (Division 34.4.1)

Waters lying between the Equator and 6o00′ south latitude, and between 20o00′ west longitude and 3o00′ east longitude.

(b)   South-west Oceanic division (Division 34.4.2)

Waters lying between 20o00′ north latitude and 5o00′ north latitude, and between 40o00′ west longitude and 30o00′ west longitude; waters lying between 10o00′ north latitude and the Equator, and between 30o00′ west longitude and 20o00′ west longitude.

MEDITERRANEAN AND BLACK SEA (Major fishing area 37)

Annex III B shows the boundaries and the sub-areas and divisions of the Mediterranean and the Black Sea (Major fishing area 37). A description of this area and its subdivisions follows.

The Mediterranean and Black Sea statistical area comprises all the marine waters of (a) the Mediterranean Sea; (b) the Sea of Marmara; (c) the Black Sea; and (d) the Sea of Azov. Marine waters include brackish water lagoons and all other areas where fishes and other organisms of marine origin are predominant. The western and south-eastern limits are defined as follows:

(a)

western limit: a line running due south along 5o36′ west longitude from Punta Marroqui to the coast of Africa;

(b)

south-eastern limit: the northern (Mediterranean) entrance of the Suez Canal.

THE SUB-AREAS AND DIVISIONS OF THE MEDITERRANEAN SEA STATISTICAL AREA

The western Mediterranean (Sub-area 37.1) comprises the following divisions:

(a)   Balearic (Division 37.1.1)

The waters of the western Mediterranean bounded by a line commencing on the coast of Africa at the Algerian/Tunisian frontier running due north to 38o00′ north latitude; thence due west to 8o00′ east longitude; thence due north to 41o20′ north latitude; thence westward along a rhumb line to the mainland coast at the eastern end of the frontier between France and Spain; thence following the Spanish coast to Punta Marroqui; thence due south along 5o36′ west longitude to the coast of Africa; thence following in an eastwards direction the coast of Africa to the starting point.

(b)   Gulf of Lions (Division 37.1.2)

The waters of the north-western Mediterranean Sea bounded by a line commencing on the mainland coast at the eastern end of the frontier between France and Spain running eastward along a rhumb line to 8o00′ east longitude 41o20′ north latitude; thence northward along a rhumb line to the mainland coast at the frontier between France and Italy; thence following in a south-westerly direction the coast of France to the starting point.

(c)   Sardinia (Division 37.1.3)

The waters of the Tyrrhenian Sea and adjacent waters bounded by a line commencing on the coast of Africa at the Algerian/Tunisian frontier running due north to 38o00′ north latitude; thence due west to 8o00′ east longitude; thence due north to 41o20′ north latitude; thence northward along a rhumb line to the mainland coast at the frontier between France and Italy; thence following the coast of Italy to 38o00′ north latitude; thence due west along 38o00′ north latitude to the coast of Sicily; thence following the northern coast of Sicily to Trapani; thence along a rhumb line to Cape Bon; thence westwards following the coast of Tunisia to the starting point.

The central Mediterranean (Sub-area 37.2) comprises the following divisions:

(a)   Adriatic (Division 37.2.1)

The waters of the Adriatic Sea north of a line running from the frontier between Albania and Montenegro on the east coast of the Adriatic Sea due west to Cape Gargano on the coast of Italy.

(b)   Ionian (Division 37.2.2)

The waters of the central Mediterranean and adjacent waters bounded by a line commencing at 25o00′ east longitude on the coast of north Africa running due north to 34o00′ north latitude; thence due west to 23o00′ east longitude; thence due north to the coast of Greece; thence following the west coast of Greece and the coast of Albania to the frontier between Albania and Montenegro; thence due west to Cape Gargano on the coast of Italy; thence following the coast of Italy to 38o00′ north latitude; thence due west along 38o00′ north latitude to the coast of Sicily; thence following the northern coast of Sicily to Trapani; thence along a rhumb line from Trapani to Cape Bon; thence eastwards following the coast of north Africa to the starting point.

The eastern Mediterranean (Sub-area 37.3) comprises the following divisions:

(a)   Aegean (Division 37.3.1)

The waters of the Aegean Sea and adjacent waters bounded by a line commencing on the southern coast of Greece at 23o00′ east longitude running due south to 34o00′ north latitude; thence due east to 29o00′ east longitude; thence due north to the coast of Turkey; thence following the western coast of Turkey to Kum Kale; thence along a rhumb line running from Kum Kale to Cape Hellas; thence following the coasts of Turkey and Greece to the starting point.

(b)   Levant (Division 37.3.2)

The waters of the Mediterranean Sea east of a line commencing on the coast of north Africa at 25o00′ east longitude running due north to 34o00′ north latitude; thence due east to 29o00′ east longitude; thence due north to the coast of Turkey; thence following the coasts of Turkey and other countries of the eastern Mediterranean to the starting point.

The Black Sea (Sub-area 37.4) comprises the following divisions:

(a)   Marmara Sea (Division 37.4.1)

The waters of the Marmara Sea bounded on the west by a line running from Cape Hellas to Kum Kale at the entrance of the Dardanelles; and on the east by a line running across the Bosporus from Kumdere.

(b)   Black Sea (Division 37.4.2)

The waters of the Black Sea and adjacent waters bounded on the south-west by a line running across the Bosporus from Kumdere and bounded on the north-east, at a line running from Takil Point on the Kerch peninsula to Panagija Point on the Taman peninsula.

(c)   Azov Sea (Division 37.4.3)

The waters of the Azov Sea north of a line running along the southern entrance of the Kerch Strait, commencing from Takil Point at 45o06′N and 36o27′E on the Kerch peninsula, and running across the strait to Panagija Point at 45o08′N and 36o38′E on the Taman peninsula.

SOUTH-WEST ATLANTIC (Major fishing area 41)

Annex III C shows the boundaries and the subdivisions of the south-west Atlantic (Major fishing area 41).

A description of these areas follows.

The south-west Atlantic (Major fishing area 41) shall be defined as the waters bounded by a line starting from the coast of South America along parallel 5o00′ north latitude to the meridian at 30o00′ west longitude; thence due south to the Equator; thence due east to the meridian at 20o00′ west longitude; thence due south to the parallel at 50o00′ south latitude; thence due west to the meridian at 50o00′ west longitude; thence due south to the parallel at 60o00′ south latitude; thence due west to the meridian at 67o16′ west longitude; thence due north to the point at 56o22′S 67o16′W; thence due east along a line at 56o22′S to the point at 65o43′W; the following line joining the points at 55o22′S 65o43′W, 55o11′S 66o04′W, 55o07′S 66o25′W; thence in a northerly direction along the coast of South America to the starting point.

The south-west Atlantic is divided into the following divisions:

Amazon division (Division 41.1.1)

All waters bounded by a line starting on the coast of South America at 5o00′ north latitude going in along this parallel to where it meets the meridian at 40o00′ west longitude; thence due south to the point where this meridian intersects the coast of Brazil; thence in a north-westerly direction along the coast of South America to the starting point.

Natal division (Division 41.1.2)

Waters bounded by a line due north from the coast of Brazil along the meridian at 40o00′ west longitude to where it meets the Equator; thence due east along the Equator to the meridian at 32o00′W; thence due south to the parallel at 10o00′ south latitude; thence due west to where the parallel at 10o00′S meets the coast of South America; thence in a northerly direction along the coast of South America to the starting point.

Salvador division (Division 41.1.3)

Waters bounded by a line due east from the coast of South America at 10o00′ south latitude to where it meets the meridian at 35o00′ west longitude; thence due south to the parallel at 20o00′ south latitude; thence due west along this parallel to the coast of South America; thence in a northerly direction along the coast of South America to the starting point.

Northern oceanic division (Division 41.1.4)

Waters bounded by a line due east from 5o00′N 40o00′W to the meridian at 30o00′ west longitude; thence due south to the Equator; thence due east to the meridian at 20o00′ west longitude; thence due south to the parallel at 20o00′ south latitude; thence due west to the meridian at 35o00′ west longitude; thence due north to the parallel at 10o00′ south latitude; thence due east to the meridian at 32o00′ west longitude; thence due north to the Equator; thence due west to the meridian at 40o00′ west longitude; thence due north to the starting point.

Santos division (Division 41.2.1)

Waters bounded by a line due east from the coast of South America at 20o00′ south latitude to where it meets the meridian at 39o00′ west longitude; thence due south to the parallel at 29o00′ south latitude; thence due west along this parallel to the coast of South America; thence in a northerly direction along the coast of South America to the starting point.

Rio Grande division (Division 41.2.2)

Waters bounded by a line due east from the coast of South America at 29o00′ south latitude to where it meets the meridian at 45o00′ west longitude; thence due south to the parallel at 34o00′ south latitude; thence due west along this parallel to the coast of South America; thence in a northerly direction along the coast of South America to the starting point.

Platense division (Division 41.2.3)

Waters bounded by a line due east from the coast of South America at 34o00′ south latitude to where it meets the meridian at 50o00′ west longitude; thence due south to the parallel at 40o00′ south latitude; thence due west along this parallel to the coast of South America; thence in a northerly direction along the coast of South America to the starting point.

Central oceanic division (Division 41.2.4)

Waters bounded by a line due east from 20o00′S 39o00′W to the meridian at 20o00′ west latitude; thence due south to the parallel at 40o00′ south latitude; thence due west to the meridian at 50o00′ west latitude; thence due north to the parallel at 34o00′ south latitude; thence due east to the meridian at 45o00′ west longitude; thence due north to the parallel at 29o00′ south latitude; thence due east to the meridian at 39o00′ west longitude; thence due north to the starting point.

Northern Patagonian division (Division 41.3.1)

Waters bounded by a line due east from the coast of South America at 40o00′ south latitude to where it meets the meridian at 50o00′ west longitude; thence due south to the parallel at 48o00′ south latitude; thence due west along this parallel to the coast of South America; thence in a northerly direction along the coast of South America to the starting point.

Southern Patagonian division (Division 41.3.2)

Waters bounded by a line due east from the coast of South America at 48o00′ south latitude to where it meets the meridian at 50o00′ west longitude; thence due south to the parallel at 60o00′ south latitude; thence due west along this parallel to the meridian at 67o16′ west longitude; thence due north to the point at 56o22′S 67o16′W; thence following a loxodromic line joining the points at 56o22′S 65o43′W; 55o22′S 65o43′W; 55o11′S 66o04′W; 55o07′S 66o25′W; thence in a northerly direction along the coast of South America to the starting point.

Southern oceanic division (Division 41.3.3)

Waters bounded by a line due east from 40o00′S 50o00′W to the meridian at 20o00′ west longitude; thence due south to the parallel at 50o00′ south latitude; then due north to the starting point.

SOUTH-EAST ATLANTIC (Major fishing area 47)

Annex III D shows the boundaries and subdivisions of the south-east Atlantic. A description of the ICSEAF Convention Area follows.

The south-east Atlantic (Major fishing area 47) comprises the waters bounded by a line beginning at a point at 6o04′36″ south latitude and 12o19′48″ east longitude; thence in a north-westerly direction along a rhumb line to a point at the intersection of the meridian 12o east with the parallel 6o south; thence due west along this parallel to the meridian 20o west; thence due south along this meridian to the parallel 50o south, thence due east along this parallel to the meridian 30o east; thence due north along this meridian to the coast of the African continent; thence in a westerly direction along this coast to the original point of departure.

The south-east Atlantic (Major fishing area 47) is subdivided as follows:

Western coastal sub-area (Sub-area 47.1)

(a)   Cape Palmeirinhas division (Division 47.1.1)

Waters lying between 6o00′ south latitude and 10o00′ south latitude and east of 10o00′ east longitude. From this division are excluded the waters of the Congo estuary, i.e., the waters lying to the north-east of the line drawn from Ponta do Padrão (6o04′36″S and 12o19′48″E) to a point at 6o00′S and 12o00′E.

(b)   Cape Salinas division (Division 47.1.2)

Waters lying between 10o00′ south latitude and 15o00′ south latitude and east of 10o00′ east longitude.

(c)   Cunene division (Division 47.1.3)

Waters lying between 15o00′ south latitude and 20o00′ south latitude and east of 10o00′ east longitude.

(d)   Cape Cross division (Division 47.1.4)

Waters lying between 20o00′ south latitude and 25o00′ south latitude and east of 10o00′ east longitude.

(e)   Orange River division (Division 47.1.5)

Waters lying between 25o00′ south latitude and 30o00′ south latitude and east of 10o00′ east longitude.

(f)   Cape of Good Hope division (Division 47.1.6)

Waters lying between 30o00′ south latitude and 40o00′ south latitude and between 10o00′ east longitude and 20o00′ east longitude.

Agulhas coastal sub-area (Sub-area 47.2)

(a)   Middle Agulhas division (Division 47.2.1)

Waters lying north of 40o00′ south latitude and between 20o00′ east longitude and 25o00′ east longitude.

(b)   Eastern Agulhas division (Division 47.2.2)

Waters lying north of 40o00′ south latitude and between 25o00′ east longitude and 30o00′ east longitude.

Southern oceanic sub-area (Sub-area 47.3)

Waters lying between 40o00′ south latitude and 50o00′ south latitude and between 10o00′ east longitude and 30o00′ east longitude.

Tristan da Cunha sub-area (Sub-area 47.4)

Waters lying between 20o00′ south latitude and 50o00′ south latitude and between 20o00′ west longitude and 10o00′ east longitude.

St Helena and Ascension sub-area (Sub-area 47.5)

Waters lying between 6o00′ south latitude and 20o00′ south latitude and between 20o00′ west longitude and 10o00′ east longitude.

WESTERN INDIAN OCEAN (Major fishing area 51)

The western Indian Ocean comprises in general:

(a)

the Red Sea;

(b)

the Gulf of Aden;

(c)

the gulf between the coast of Iran and the Arabian Peninsula;

(d)

the Arabian Sea;

(e)

that part of the Indian Ocean, including the Mozambique Channel, lying between the meridians 30o00′E and 80o00′E and north of the line of the Antarctic convergence and including the waters around Sri Lanka.

Annex III E shows the boundaries and the subdivisions of the western Indian Ocean (Major fishing area 51).

The western Indian Ocean shall be defined as having the following boundaries:

the boundary with the Mediterranean Sea: the northern entrance of the Suez Canal,

the western marine boundary: a line commencing on the east coast of Africa at 30o00′E longitude and running due south to 45o00′S latitude,

the eastern marine boundary: a rhumb line commencing on the south-east coast of India (Point Calimere) and running in a north-easterly direction to meet a point at 82o00′E longitude 11o00′N latitude, thence running due east to meridian 85o00′E; thence due south to the parallel 3o00′N; thence due west to the meridian 80o00′E; thence due south to the parallel 45o00′S,

the southern boundary: a line running along the parallel 45o00′S from 30o00′E longitude to 80o00′E longitude.

The western Indian Ocean is subdivided in the following way:

Red Sea sub-area (Sub-area 51.1)

Northern limit: northern entrance of Suez Canal.

Southern limit: a rhumb line from the frontier between Ethiopia and the Republic of Djibouti on the coast of Africa, across the mouth of the Red Sea, to the frontier between the former Arab Republic of Yemen and the former People's Democratic Republic of Yemen on the Arabian Peninsula.

Gulf sub-area (Sub-area 51.2)

The mouth of the Gulf is closed by a line commencing at the northern tip of Ra′s Musandam and running due east to the coast of Iran.

Western Arabian Sea sub-area (Sub-area 51.3)

The eastern and southern boundaries are a line from the Iran/Pakistan frontier on the coast of Asia running due south to the parallel 20o00′N; thence due east to the meridian 65o00′E; thence due south to the parallel 10o00′N; thence due west to the coast of Africa; other marine boundaries are the common boundaries with sub-areas 51.1 and 51.2 (see above).

Eastern Arabian Sea, Laccadive and Sri Lanka sub-area (Sub-area 51.4)

The sea boundary is a line commencing on the coast of Asia at the Iran/Pakistan frontier, running due south to the parallel 20o00′N; thence due east to the meridian 65o00′E; thence due south to the parallel 10o00′S; thence due east to the meridian 80o00′E; thence due north to the parallel 3o00′N; thence due east to the meridian 85o00′E; thence due north to parallel 11o00′N; thence due west to the meridian 82o00′E; thence along a rhumb line in a south-westerly direction to the south-east coast of India.

Somalia, Kenya and Tanzania sub-area (Sub-area 51.5)

A line commencing on the coast of Somalia at 10o00′N running due east to the meridian 65o00′E; thence due south to the parallel 10o00′S; thence due west to the meridian 45o00′E; thence due south to the parallel 10o28′S; thence due west to the east coast of Africa between Ras Mwambo (to the north) and Mwambo Village (to the south).

Madagascar and Mozambique Channel sub-area (Sub-area 51.6)

A line commencing on the east coast of Africa between Ras Mwambo (to the north) and Mwambo Village (to the south) at 10o28′S latitude, running due east to the meridian 45o00′E; thence due north to the parallel 10o00′S; thence due east to the meridian 55o00′E; thence due south to the parallel 30o00′S; thence due west to the meridian 40o00′E; thence due north to the coast of Mozambique.

Oceanic (western Indian Ocean) sub-area (Sub-area 51.7)

A line commencing at the position 10o00′S latitude and 55o00′E longitude, running due east to the meridian 80o00′E; thence due south to the parallel 45o00′S; thence due west to the meridian 40o00′E; thence due north to the parallel 30o00′S; thence due east to the meridian 55o00′E; thence due north to the starting position on the parallel 10o00′S.

Mozambique sub-area (Sub-area 51.8)

The sub-area comprises the waters lying north of parallel 45o00′S and between the meridians 30o00′E and 40o00′E. It is further subdivided into two divisions.

Marion-Edward division (Division 51.8.1)

Waters lying between the parallels of 40o00′S and 50o00′S and the meridians of 30o00′E and 40o00′E.

Zambesi division (Division 51.8.2)

Waters lying north of the parallel 40o00′S and between the meridians 30o00′E and 40o00′E.


ANNEX III

A: EASTERN CENTRAL ATLANTIC OCEAN (Major fishing area 34)

Image

B: MEDITERRANEAN AND BLACK SEA (Major fishing area 37)

Image

C: SOUTH-WEST ATLANTIC (Major fishing area 41)

Image

D: SOUTH-EAST ATLANTIC (Major fishing area 47)

Image

E: WESTERN INDIAN OCEAN (Major fishing area 51)

Image


ANNEX IV

LIST OF SPECIES FOR WHICH DATA ARE TO BE SUBMITTED FOR EACH MAJOR FISHING AREA

The species listed below are those for which captures have been reported in the official statistics. Member States should submit data for each of the identified species if available. Where individual species cannot be identified the data should be aggregated and submitted in the item representing the highest degree of detail possible.

Note:

n.e.i.

=

not elsewhere indicated.

EASTERN CENTRAL ATLANTIC (Major fishing area 34)

English name

3-alpha identifier

Scientific name

European eel

ELE

Anguilla anguilla

Shads n.e.i.

SHZ

Alosa spp.

West African ilisha

ILI

Ilisha africana

Flatfishes n.e.i.

FLX

Pleuronectiformes

Lefteye flounders

LEF

Bothidae

Common sole

SOL

Solea solea

Wedge (= Senegal) sole

CET

Dicologlossa cuneata

Soles n.e.i.

SOX

Soleidae

Tonguefishes n.e.i.

TOX

Cynoglossidae

Megrim

MEG

Lepidorhombus whiffiagonis

Megrims n.e.i.

LEZ

Lepidorhombus spp.

Greater forkbeard

GFB

Phycis blennoides

Pouting (= Bib)

BIB

Trisopterus luscus

Blue whiting (= Poutassou)

WHB

Micromesistius poutassou

European hake

HKE

Merluccius merluccius

Senegalese hake

HKM

Merluccius senegalensis

Hakes n.e.i.

HKX

Merluccius spp.

Gadiformes n.e.i.

GAD

Gadiformes

Sea catfishes n.e.i.

CAX

Ariidae

European conger

COE

Conger conger

Conger eels n.e.i.

COX

Congridae

Slender snipefish

SNS

Macroramphosus scolopax

Alfonsinos

ALF

Beryx spp.

John Dory

JOD

Zeus faber

Silvery John Dory

JOS

Zenopsis conchifer

Boar fishes

BOR

Caproidae

Demersal percomorphs n.e.i.

DPX

Perciformes

Dusky grouper

GPD

Epinephelus marginatus

White grouper

GPW

Epinephelus aeneus

Groupers n.e.i.

GPX

Epinephelus spp.

Wreckfish

WRF

Polyprion americanus

Groupers, seabasses n.e.i.

BSX

Serranidae

Spotted seabass

SPU

Dicentrarchus punctatus

Seabass

BSS

Dicentrarchus labrax

Bigeyes n.e.i.

BIG

Priacanthus spp.

Cardinal fishes n.e.i.

APO

Apogonidae

Tilefishes

TIS

Branchiostegidae

Bonnetmouths, rubyfishes, etc.

EMT

Emmelichthyidae

Snappers n.e.i.

SNA

Lutjanus spp.

Snappers, iobfishes, n.e.i.

SNX

Lutjanidae

Rubberlip grunt

GBR

Plectorhinchus mediterraneus

Bastard grunt

BGR

Pomadasys incisus

Sompat grunt

BUR

Pomadasys jubelini

Big-eye grunt

GRB

Brachydeuterus auritus

Grunts, sweetlips, n.e.i.

GRX

Haemulidae (= Pomedasyidae)

Drums

DRU

Sciaena spp.

Shi drum (= Corb)

COB

Umbrina cirrosa

Meagre

MGR

Argyrosomus regius

Boe drum

DRS

Pteroscion peli

Law croaker

CKL

Pseudotolithus brachygnatus

Cassava croaker

PSS

Pseudotolithus senegalensis

Bobo croaker

PSE

Pseudotolithus elongatus

West African croakers

CKW

Pseudotolithus spp.

Croakers, drums n.e.i.

CDX

Sciaenidae

Red (= Blackspot) seabream

SBR

Pagellus bogaraveo

Common pandora

PAC

Pagellus erythrinus

Axillary seabream

SBA

Pagellus acarne

Red pandora

PAR

PagelIus bellottii

Pandoras n.e.i.

PAX

Pagellus spp.

Sargo breams, n.e.i.

SRG

Diplodus spp.

Large-eye dentex

DEL

Dentex macrophthalmus

Common dentex

DEC

Dentex dentex

Angolan dentex

DEA

Dentex angolensis

Congo dentex

DNC

Dentex congoensis

Dentex n.e.i.

DEX

Dentex spp.

Black seabream

BRB

Spondyliosoma cantharus

Saddled seabream

SBS

Oblada melanura

Bluespotted seabream

BSC

Pagrus caeruleostictus

Red porgy

RPG

Pagrus pagrus

Gilthead seabream

SBG

Sparus aurata

Pargo breams n.e.i.

SBP

Pagrus spp.

Bogue

BOG

Boops boops

Porgies, seabreams n.e.i.

SBX

Sparidae

Picarels

PIC

Spicara spp.

Surmullets (= Red mullets)

MUX

Mullus spp.

West African goatfish

GOA

Pseudopeneus prayensis

Goatfishes, red mullets n.e.i.

MUM

Mullidae

African sicklefish

SIC

Drepane africana

Spadefishes

SPA

Ephippidae

Percoids n.e.i.

PRC

Percoidei

Bearded brotula

BRD

Brotula barbata

Surgeonfishes

SUR

Acanthuridae

Gurnards, searobins n.e.i.

GUX

Triglidae

Triggerfishes, durgons

TRI

Balistidae

Angler (= Monk)

MON

Lophius piscatorius

Anglerfishes n.e.i.

ANF

Lophiidae

Needlefishes n.e.i.

BEN

Belonidae

Flying fishes n.e.i.

FLY

Exocoetidae

Barracudas

BAR

Sphyraena spp.

Flathead grey mullet

MUF

Mugil cephalus

Giant African threadfin

TGA

Polydactylus quadrifilis

Lesser African threadfin

GAL

Galeoides decadactylus

Royal threadfin

PET

Pentanemus quinquarius

Threadfins, tasselfishes n.e.i.

THF

Polynemidae

Pelagic percomorphs n.e.i.

PPX

Perciformes

Bluefish

BLU

Pomatomus saltatrix

Cobia

CBA

Rachycentron canadum

Atlantic horse mackerel

HOM

Trachurus trachurus

Jack and horse mackerels n.e.i.

JAX

Trachurus spp.

Scads

SDX

Decapterus spp.

Crevalle jack

CVJ

Caranx hippos

False scad

HMY

Caranx rhonchus

Jacks, crevalles n.e.i.

TRE

Caranx spp.

Lookdown fish

LUK

Selene dorsalis

Pompanos

POX

Trachinotus spp.

Amberjacks n.e.i.

AMX

Seriola spp.

Leerfish (= Garrick)

LEE

Lichia amia

Atlantic bumper

BUA

Chloroscombrus chrysurus

Common dolphinfish

DOL

Coryphaena hippurus

Blue butterfish

BLB

Stromateus fiatola

Butterfishes, silver pomfrets

BUX

Stromateidae

Bonefish

BOF

Albula vulpes

Round sardinella

SAA

Sardinella aurita

Madeiran sardinella

SAE

Sardinella maderensis

Sardinellas

SIX

Sardinella spp.

Bonga shad

BOA

Ethmalosa fimbriata

European pilchard (sardine)

PIL

Sardina pilchardus

European anchovy

ANE

Engraulis encrasicolus

Clupeoids n.e.i.

CLU

Clupeoidei

Atlantic bonito

BON

Sarda sarda

Plain bonito

BOP

Orcynopsis unicolor

Wahoo

WAH

Acanthocybium solandri

West African Spanish mackerel

MAW

Scomberomorus tritor

Frigate and bullet tunas

FRZ

Auxis thazard, A. rochei

Northern bluefin tuna

BFT

Thunnus thynnus

Albacore

ALB

Thunnus alalunga

Yellowfin tuna

YFT

Thunnus albacares

Big-eye tuna

BET

Thunnus obesus

Tunas n.e.i.

TUN

Thunnini

Sawfishes

SAW

Pristidae

Atlantic sailfish

SAI

Istiophorus albicans

Atlantic blue marlin

BUM

Makaira nigricans

Atlantic white marlin

WHM

Tetrapturus albidus

Marlins, sailfishes, spearfishes

BIL

Istiophoridae

Swordfish

SWO

Xiphias gladius

Tuna-like fishes n.e.i.

TUX

Scombroidei

Largehead hairtail

LHT

Trichiurus lepturus

Silver scabbardfish

SFS

Lepidopus caudatus

Black scabbardfish

BSF

Aphanopus carbo

Hairtails, cutlassfishes n.e.i.

CUT

Trichiuridae

Chub mackerel

MAS

Scomber japonicus

Atlantic mackerel

MAC

Scomber scombrus

Scomber mackerels n.e.i.

MAZ

Scomber spp.

Mackerel-like fishes n.e.i.

MKX

Scombroidei

Thresher shark

ALV

Alopias vulpinus

Big-eye thresher

BTH

Alopias superciliosus

Mako sharks

MAK

Isurus spp.

Blue shark

BSH

Prionace glauca

Silky shark

FAL

Carcharhinus falciformis

Smooth hammerhead

SPZ

Sphyrna zygaena

Scalloped hammerhead

SPL

Sphyrna lewini

Hammerhead sharks, etc. nei

SPY

Sphyrnidae

Kitefin shark

SCK

Dalatias licha

Guitarfishes, etc. nei

GTF

Rhinobatidae

Smoothhounds

SDV

Mustelus spp.

Skates and rays n.e.i.

SRX

Rajiformes

Sharks, rays, skates, n.e.i.

SKX

Elasmobranchii

Marine fishes n.e.i.

MZZ

Osteichthyes

Marine crabs n.e.i.

CRA

Brachyura

Tropical spiny lobsters n.e.i.

SLV

Panulirus spp.

Palinurid spiny lobsters n.e.i.

CRW

Palinurus spp.

Norway lobster

NEP

Nephrops norvegicus

European lobster

LBE

Homarus gammarus

Caramote prawn

TGS

Melicertus kerathurus

Southern pink shrimp

SOP

Farfantepenaeus notialis

Penaeus shrimps n.e.i.

PEN

Penaeus spp.

Deepwater rose shrimp

DPS

Parapenaeus longirostris

Guinea shrimp

GUS

Parapenaeopsis atlantica

Scarlet shrimp

SSH

Aristaeopsis edwardsiana

Palaemonid shrimps

PAL

Palaemonidae

Natantian decapods n.e.i.

DCP

Natantia

Marine crustaceans n.e.i.

CRU

Crustacea

Gastropods n.e.i.

GAS

Gastropoda

Cupped oysters n.e.i.

OYC

Crassostrea spp.

Sea mussels n.e.i.

MSX

Mytilidae

Cephalopods n.e.i.

CEP

Cephalopoda

Common cuttlefish

CTC

Sepia officinalis

Cuttlefishes, bobtail squids

CTL

Sepiidae, Sepiolidae

Common squids

SQC

Loligo spp.

Common octopus

OCC

Octopus vulgaris

Octopuses

OCT

Octopodidae

Squids n.e.i.

SQU

Loliginidae, Ommastrephidae

Marine molluscs n.e.i.

MOL

Mollusca

Marine turtles n.e.i.

TTX

Testudinata


MEDITERRANEAN AND BLACK SEA (Major fishing area 37)

English name

3-alpha identifier

Scientific name

Sturgeons n.e.i.

STU

Acipenseridae

European eel

ELE

Anguilla anguilla

Pontic shad

SHC

Alosa immaculata

Shads n.e.i.

SHD

Alosa spp.

Azov tyulka

CLA

Clupeonella cultriventris

Flatfishes n.e.i.

FLX

Pleuronectiformes

European plaice

PLE

Pleuronectes platessa

European flounder

FLE

Platichthys flesus

Common sole

SOL

Solea solea

Soles n.e.i.

SOX

Solea spp.

Megrim

MEG

Lepidorhombus whiffiagonis

Megrims n.e.i.

LEZ

Lepidorhombus spp.

Turbot

TUR

Psetta maxima

Black Sea turbot

TUB

Psetta maeotica

Greater forkbeard

GFB

Phycis blennoides

Poor cod

POD

Trisopterus minutus

Pouting (= Bib)

BIB

Trisopterus luscus

Blue whiting (= Poutassou)

WHB

Micromesistius poutassou

Whiting

WHG

Merlangius merlangus

European hake

HKE

Merluccius merluccius

Gadiformes n.e.i.

GAD

Gadiformes

Argentines

ARG

Argentina spp.

Brushtooth lizardfish

LIB

Saurida undosquamis

Lizardfishes n.e.i.

LIX

Synodontidae

European conger

COE

Conger conger

Conger eels n.e.i.

COX

Congridae

John Dory

JOD

Zeus faber

Demersal percomorphs n.e.i.

DPX

Perciformes

Dusky grouper

GPD

Epinephelus marginatus

White grouper

GPW

Epinephelus aeneus

Groupers n.e.i.

GPX

Epinephelus spp.

Wreckfish

WRF

Polyprion americanus

Comber

CBR

Serranus cabrilla

Groupers, seabasses n.e.i.

BSX

Serranidae

Seabass

BSS

Dicentrarchus labrax

Seabasses

BSE

Dicentrarchus spp.

Rubberlip grunt

GBR

Plectorhinchus mediterraneus

Drums

DRU

Sciaena spp.

Shi drum (= Corb)

COB

Umbrina cirrosa

Meagre

MGR

Argyrosomus regius

Croakers, drums n.e.i.

CDX

Sciaenidae

Red (= Blackspot) seabream

SBR

Pagellus bogaraveo

Common pandora

PAC

Pagellus erythrinus

Axillary seabream

SBA

Pagellus acarne

Pandoras n.e.i.

PAX

Pagellus spp.

White seabream

SWA

Diplodus sargus

Sargo breams, n.e.i.

SRG

Diplodus spp.

Large-eye dentex

DEL

Dentex macrophthalmus

Common dentex

DEC

Dentex dentex

Dentex n.e.i.

DEX

Dentex spp.

Black seabream

BRB

Spondyliosoma cantharus

Saddled sea bream

SBS

Oblada melanura

Red porgy

RPG

Pagrus pagrus

Gilthead seabream

SBG

Sparus aurata

Pargo breams, n.e.i.

SBP

Pagrus spp.

Bogue

BOG

Boops boops

Sand steenbras

SSB

Lithognathus mormyrus

Salema (= Strepie)

SLM

Sarpa salpa

Porgies, seabreams, n.e.i.

SBX

Sparidae

Blotched picarel

BPI

Spicara maena

Picarels

PIC

Spicara spp.

Red mullet

MUR

Mullus surmuletus

Striped mullet

MUT

Mullus barbatus

Surmullets (= Redmullets)

MUX

Mullus spp.

Greater weever

WEG

Trachinus draco

Percoids n.e.i.

PRC

Percoidei

Sandeels (= Sandlances)

SAN

Ammodytes spp.

Spinefeet (= Rabbitfishes)

SPI

Siganus spp.

Atlantic gobies

GOB

Gobius spp.

Gobies n.e.i.

GPA

Gobiidae

Scorpionfishes, n.e.i.

SCO

Scorpaenidae

Piper gurnard

GUN

Trigla lyra

Gurnards, searobins n.e.i.

GUX

Triglidae

Angler (= Monk)

MON

Lophius piscatorius

Anglerfishes n.e.i.

ANF

Lophiidae

Garfish

GAR

Belone belone

Barracudas

BAR

Sphyraena spp.

Flathead grey mullet

MUF

Mugil cephalus

Silversides (Sandsmelts)

SIL

Atherinidae

Pelagic percomorphs n.e.i.

PPX

Perciformes

Bluefish

BLU

Pomatomus saltatrix

Atlantic horse mackerel

HOM

Trachurus trachurus

Mediterranean horse mackerel

HMM

Trachurus mediterraneus

Jack and horse mackerels n.e.i.

JAX

Trachurus spp.

Jacks, crevalles n.e.i.

TRE

Caranx spp.

Greater amberjack

AMB

Seriola dumerili

Amberjacks n.e.i.

AMX

Seriola spp.

Leerfish (= Garrick)

LEE

Lichia amia

Carangids n.e.i.

CGX

Carangidae

Atlantic pomfret

POA

Brama brama

Common dolphinfish

DOL

Coryphaena hippurus

Sardinellas n.e.i.

SIX

Sardinella spp.

European pilchard (= Sardine)

PIL

Sardina pilchardus

European sprat

SPR

Sprattus sprattus

European anchovy

ANE

Engraulis encrasicolus

Clupeoids n.e.i.

CLU

Clupeoidei

Atlantic bonito

BON

Sarda sarda

Plain bonito

BOP

Orcynopsis unicolor

Frigate and bullet tunas

FRZ

Auxis thazard A. rochei

Atlantic black skipjack

LTA

Euthynnus alletteratus

Skipjack tuna

SKJ

Katsuwonus pelamis

Northern bluefin tuna

BFT

Thunnus thynnus

Albacore

ALB

Thunnus alalunga

Big-eye tuna

BET

Thunnus obesus

Tunas n.e.i.

TUN

Thunnini

Atlantic sailfish

SAI

Istiophorus albicans

Marlins, sailfishes, spearfishes

BIL

Istiophoridae

Swordfishes

SWO

Xiphias gladius

Tuna-like fishes n.e.i.

TUX

Scombroidei

Silver scabbardfish

SFS

Lepidopus caudatus

Chub mackerel

MAS

Scomber japonicus

Atlantic mackerel

MAC

Scomber scombrus

Scomber mackerels n.e.i.

MAZ

Scomber spp.

Mackerel-like fishes n.e.i.

MKX

Scombroidei

Basking shark

BSK

Cetorhinus maximus

Thresher

ALV

Alopias vulpinus

Shortfin mako

SMA

Isurus oxyrinchus

Blackmouth catshark

SHO

Galeus melastomus

Blue shark

BSH

Prionace glauca

Sandbar shark

CCP

Carcharhinus plumbeus

Smooth hammerhead

SPZ

Sphyrna zygaena

Scalloped hammerhead

SPL

Sphyrna lewini

Longnose spurdog

QUB

Squalus blainville

Gulper shark

GUP

Centrophorus granulosus

Kitefin shark

SCK

Dalatias licha

Velvet belly

ETX

Etmopterus spinax

Thornback ray

RJC

Raja clavata

Common stingray

JDP

Dasyatis pastinaca

Porbeagle

POR

Lamna nasus

Catsharks, nursehound

SCL

Scyliorhinus spp.

Smoothhounds

SDV

Mustelus spp.

Picked (= Spiny) dogfish

DGS

Squalus acanthias

Dogfish sharks n.e.i.

DGX

Squalidae

Angelshark

AGN

Squatina squatina

Angelsharks, sand devils

ASK

Squatinidae

Large sharks n.e.i.

SHX

Squaliformes

Guitarfishes

GTF

Rhinobatidae

Skates

SKA

Raja spp.

Skates and rays n.e.i.

SRX

Rajiformes

Sharks, rays and skates etc.

SKX

Elasmobranchii

Marine fishes n.e.i.

MZZ

Osteichthyes

Edible crab

CRE

Cancer pagurus

Mediterranean shore crab

CMR

Carcinus aestuarii

Spinous spider crab

SCR

Maja squinado

Marine crabs n.e.i.

CRA

Brachyura

Pink spiny lobster

PSL

Palinurus mauritanicus

Common spiny lobster

SLO

Palinurus elephas

Palinurid spiny lobsters n.e.i.

CRW

Palinurus spp.

Norway lobster

NEP

Nephrops norvegicus

European lobster

LBE

Homarus gammarus

Caramote prawn

TGS

Melicertus kerathurus

Deepwater rose shrimp

DPS

Parapenaeus longirostris

Scarlet shrimp

SSH

Aristaeopsis edwardsiana

Blue and red shrimp

ARA

Aristeus antennatus

Common prawn

CPR

Palaemon serratus

Common shrimp

CSH

Crangon crangon

Natantian decapods n.e.i.

DCP

Natantia

Mantis squillid

MTS

Squilla mantis

Marine crustaceans n.e.i.

CRU

Crustacea

Gastropods n.e.i.

GAS

Gastropoda

Periwinkle

PEE

Littorina littorea

European flat oyster

OYF

Ostrea edulis

Pacific cupped oyster

OYG

Crassostrea gigas

Mediterranean mussel

MSM

Mytilus galloprovincialis

Great scallop

SJA

Pecten jacobaeus

Murex

MUE

Murex spp.

Common cockle

COC

Cerastoderma edule

Striped Venus

SVE

Chamelea gallina

Grooved carpetshell

CTG

Ruditapes decussatus

Carpetshell

CTS

Venerupis pullastra

Carpetshells n.e.i.

TPS

Tapes spp.

Donax clams

DON

Donax spp.

Razor clams

RAZ

Solen spp.

Clams n.e.i.

CLX

Bivalvia

Cephalopods n.e.i.

CEP

Cephalopoda

Common cuttlefish

CTC

Sepia officinalis

Cuttlefishes, bobtail squids

CTL

Sepiidae, Sepiolidae

Common squids

SQC

Loligo spp.

European flying squid

SQE

Todarodes sagittatus

Common octopus

OCC

Octopus vulgaris

Horned and musky octopuses

OCM

Eledone spp.

Octopuses n.e.i.

OCT

Octopodidae

Squids n.e.i.

SQU

Loliginidae, Ommastrephidae

Marine molluscs n.e.i.

MOL

Mollusca

Marine turtles n.e.i.

TTX

Testudinata

Grooved sea-squirt

SSG

Microcosmus sulcatus

Stony sea-urchin

URM

Paracentrotus lividus

Jellyfishes

JEL

Rhopilema spp.


SOUTH-WEST ATLANTIC (Major fishing area 41)

English name

3-alpha identifier

Scientific name

Shads n.e.i.

SHZ

Alosa spp.

Flatfishes n.e.i.

FLX

Pleuronectiformes

Bastard halibuts

BAX

Paralichthys spp.

Tonguefishes n.e.i.

TOX

Cynoglossidae

Tadpole codling

SAO

Salilota australis

Moras

MOR

Moridae

Brazilian codling

HKU

Urophycis brasiliensis

Southern blue whiting

POS

Micromesistius australis

Argentine hake

HKP

Merluccius hubbsi

Patagonian hake

HKN

Merluccius australis

Hakes n.e.i.

HKX

Merluccius spp.

Patagonian grenadier

GRM

Macruronus magellanicus

Blue grenadiers

GRS

Macruronus spp.

Grenadiers

GRV

Macrourus spp.

Gadiformes n.e.i.

GAD

Gadiformes

Sea catfishes n.e.i.

CAX

Ariidae

Greater lizardfish

LIG

Saurida tumbil

Argentine conger

COS

Conger orbignyanus

Demersal percomorphs n.e.i.

DPX

Perciformes

Snooks (= Robalos) n.e.i.

ROB

Centropomus spp.

Brazilian groupers

GPB

Mycteroperca spp.

Red grouper

GPR

Epinephelus mario

Groupers n.e.i.

GPX

Epinephelus spp.

Argentine seabass

BSZ

Acanthistius brasilianus

Groupers, seabasses n.e.i.

BSX

Serranidae

Southern red snapper

SNC

Lutjanus purpureus

Yellowtail snapper

SNY

Ocyurus chrysurus

Snappers, jobfishes, n.e.i.

SNX

Lutjanidae

Barred grunt

BRG

Conodon nobilis

Grunts, sweetlips, n.e.i.

GRX

Haemulidae (= Pomadasyidae)

Striped weakfish

WKS

Cynoscion striatus

Weakfishes n.e.i.

WKX

Cynoscion spp.

Atlantic croaker

CKA

Micropogonias undulatus

Southern kingcroaker

KGB

Menticirrhus americanus

Argentine croaker

CKY

Urnbrina canasai

King weakfish

WKK

Macrodon ancylodon

Black drum

BDM

Pogonias cromis

Croakers, drums n.e.i.

CDX

Sciaenidae

Sargo breams n.e.i.

SRG

Diplodus spp.

Dentex n.e.i.

DEX

Dentex spp.

Red porgy

RPG

Pagrus pagrus

Porgies, seabreams, n.e.i.

SBX

Sparidae

Surmullets (= Redmullets)

MUX

Mullus spp.

Castaneta

CTA

Nemadactylus bergi

Brazilian sandperches

SPB

Pinguipes spp.

Brazilian flathead

FLA

Percophis brasiliensis

Patagonian blennie

BLP

Eleginops maclovinus

Patagonian toothfish

TOP

Dissostichus eleginoides

Humped rockcod

NOG

Gobiotothen gibberifrons

Grey rockcod

NOS

Lepidonotothen squamifrons

Patagonian rockcod

NOT

Patagonotothen brevicauda

Cod icefish

PAT

Patagonotothen ramsayi

Antarctic rockcods, noties n.e.i.

NOX

Nototheniidae

Blackfin icefish

SSI

Chaenocephalus aceratus

Mackerel icefish

ANI

Champsocephalus gunnari

Icefishes n.e.i.

ICX

Channichthyidae

Percoids n.e.i.

PRC

Percoidei

Pink cusk-eel

CUS

Genypterus blacodes

Ruffs, barrelfishes n.e.i.

CEN

Centrolophidae

Blackbelly rosefish

BRF

Helicolenus dactylopterus

Scorpionfishes n.e.i.

SCO

Scorpaenidae

Atlantic searobins

SRA

Prionotus spp.

Ballyhoo halfbeak

BAL

Hemiramphus brasiliensis

Flying fishes n.e.i.

FLY

Exocoetidae

Barracudas

BAR

Sphyraena spp.

Mullets n.e.i.

MUL

Mugilidae

Silversides (= Sandsmelts)

SIL

Atherinidae

Pelagic percomorphs n.e.i.

PPX

Perciformes

Bluefish

BLU

Pometomus saltatrix

Blue jack mackerel

JAA

Trachurus picturatus

Jack and horse mackerels n.e.i.

JAX

Trachurus spp.

Jacks, crevalles, n.e.i.

TRE

Caranx spp.

Amberjacks n.e.i.

AMX

Seriola spp.

Parona leatherjack

PAO

Parona signata

Carangids n.e.i.

CGX

Carangidae

Common dolphinfish

DOL

Coryphaena hippurus

Gulf butterfish, harvestfishes

BTG

Peprilus spp.

Butterfishes silver pomfrets

BUX

Stromateidae

Ladyfish

LAD

Elops saurus

Tarpon

TAR

Megalops atlanticus

Brazilian sardinella

BSR

Sardinella janeiro

Sardinellas n.e.i.

SIX

Sardinella spp.

Brazilian menhaden

MHS

Brevoortia aurea

Argentine menhaden

MHP

Brevoortia pectinata

Scaled sardines

SAS

Harengula spp.

Falkland sprat

FAS

Sprattus fuegensis

Argentine anchoita

ANA

Engraulis anchoita

Anchovies n.e.i.

ANX

Engraulidae

Clupeoids n.e.i.

CLU

Clupeoidei

Atlantic bonito

BON

Sarda sarda

Wahoo

WAH

Acanthocybium solandri

King mackerel

KGM

Scomberomorus cavalla

Atlantic Spanish mackerel

SSM

Scomberomorus maculatus

Seerfishes n.e.i.

KGX

Scomberomorus spp.

Frigate and bullet tunas

FRZ

Auxis thazard, A. rochei

Atlantic black skipjack

LTA

Euthynnus alletteratus

Skipjack tuna

SKJ

Katsuwonus pelamis

Northern bluefin tuna

BFT

Thunnus thynnus

Blackfin tuna

BLF

Thunnus atlanticus

Albacore

ALB

Thunnus alalunga

Southern bluefin tuna

SBF

Thunnus maccoyii

Yellowfin tuna

YFT

Thunnus albacares

Big-eye tuna

BET

Thunnus obesus

Tunas n.e.i.

TUN

Thunnini

Atlantic sailfish

SAI

Istiophorus albicans

Atlantic blue marlin

BUM

Makaira nigricans

Atlantic white marlin

WHM

Tetrapturus albidus

Marlins, sailfishes, spearfishes

BIL

Istiophoridae

Swordfish

SWO

Xiphias gladius

Tuna-like fishes n.e.i.

TUX

Scombroidei

White snake mackerel

WSM

Thyrsitops lepidopoides

Largehead hairtail

LHT

Trichiurus lepturus

Chub mackerel

MAS

Scomber japonicus

Big-eye thresher

BTH

Alopias superciliosus

Shortfin mako

SMA

Isurus oxyrinchus

Blue shark

BSH

Prionace glauca

Silky shark

FAL

Carcharhinus falciformis

Copper shark

BRO

Carcharhinus brachyurus

Smooth hammerhead

SPZ

Sphyrna zygaena

Scalloped hammerhead

SPL

Sphyrna lewini

Tope shark

GAG

Galeorhinus galeus

Picked dogfish

DGS

Squalus acanthias

Angel sharks, sand devils n.e.i.

ASK

Squatinidae

Chola guitarfish

GUD

Rhinobatos percellens

Sawfishes

SAW

Pristidae

Elephantfishes n.e.i.

CAH

Callorhinchidae

Patagonian smoothhound

SDP

Mustelus schmitti

Smoothhounds

SDV

Mustelus spp.

Liveroil sharks

LSK

Galeorhinus spp.

Skates and rays, n.e.i.

SRX

Rajiformes

Sharks, rays, skates, etc.

SKX

Elasmobranchii

Marine fishes n.e.i.

MZZ

Osteichthyes

Dana swimcrab

CRZ

Callinectes danae

Southern kingcrab

KCR

Lithodes santolla

Softshell red crab

PAG

Paralomis granulosa

Geryons n.e.i.

GER

Geryon spp.

Marine crabs n.e.i.

CRA

Brachyura

Caribbean spiny lobster

SLC

Panulirus argus

Tropical spiny lobsters n.e.i.

SLV

Panulirus spp.

Northern brown shrimp

ABS

Penaeus aztecus

Redspotted shrimp

PNB

Penaeus brasiliensis

Penaeus shrimps n.e.i.

PEN

Penaeus spp.

Atlantic seabob

BOB

Xiphopenaeus kroyeri

Argentine stiletto shrimp

ASH

Artemesia longinaris

Argentine red shrimp

LAA

Pleoticus muelleri

Natantian decapods n.e.i.

DCP

Natantia

Antarctic krill n.e.i.

KRI

Euphausia spp.

Marine crustaceans n.e.i.

CRU

Crustacea

Gastropods n.e.i.

GAS

Gastropoda

Cupped oysters n.e.i.

OYC

Crassostrea spp.

River Plata mussel

MSR

Mytilus platensis

Magellan mussel

MSC

Aulacomya ater

Scallops n.e.i.

SCX

Pectinidae

Donax clams

DON

Donax spp.

Clams n.e.i.

CLX

Bivalvia

Cuttlefishes, bobtail squids

CTL

Sepiidae, Sepiolidae

Patagonian squid

SQP

Loligo gahi

Common squids

SQC

Loligo spp.

Argentine shortfin squid

SQA

Illex argentinus

Sevenstar flying squid

SQS

Martialia hyadesii

Octopuses

OCT

Octopodidae

Squids n.e.i.

SQU

Loliginidae, Ommastrephidae

Marine molluscs n.e.i.

MOL

Mollusca

Marine turtles n.e.i.

TTX

Testudinata


SOUTH-EAST ATLANTIC (Major fishing area 47)

English name

3-alpha identifier

Scientific name

Flatfishes n.e.i.

FLX

Pleuronectiformes

West coast sole

SOW

Austroglossus microlepis

Mud sole

SOE

Austroglossus pectoralis

South-east Atlantic soles n.e.i.

SOA

Austroglossus spp.

Tonguefishes n.e.i.

TOX

Cynoglossidae

Benguela hake

HKB

Merluccius polli

Shallow-water Cape hake

HKK

Merluccius capensis

Deepwater Cape hake

HKO

Merluccius paradoxus

Cape hakes

HKC

Merluccius capensis, M. paradoxus

Merluccid hakes

HKZ

Merlucciidae

Gadiforms n.e.i.

GAD

Gadiformes

Hatchetfishes

HAF

Sternoptychidae

Lightfishes n.e.i.

MAU

Maurolicus spp.

Silver lightfish

MAV

Maurolicus muelleri

Greeneyes

GRE

Chlorophthalmidae

White barbel

GAT

Galeichthyes feliceps

Smoothmouth sea catfish

SMC

Arius heudelotii

Sea catfishes n.e.i.

CAX

Ariidae

Greater lizardfish

LIG

Saurida tumbil

Lizardfishes n.e.i.

LIX

Synodontidae

Conger eels n.e.i.

COX

Congridae

Slender snipefish

SNS

Macroramphosus scolopax

Snipefishes

SNI

Macroramphosidae

Alfonsinos

ALF

Beryx spp.

Alfonsinos n.e.i.

BRX

Berycidae

John Dory

JOD

Zeus faber

Silvery John Dory

JOS

Zenopsis conchifer

Dories n.e.i.

ZEX

Zeidae

Boarfishes

BOR

Caproidae

Boarfish

BOC

Capros aper

Demersal percomorphs n.e.i.

DPX

Perciformes

Groupers n.e.i.

GPX

Epinephelus spp.

Wreckfish

WRF

Polyprion americanus

Groupers, seabasses n.e.i.

BSX

Serranidae

Big-eyes n.e.i.

BIG

Priacanthus spp.

Big-eyes, glasseyes, bulleyes

PRI

Priacanthidae

Cardinalfishes n.e.i.

APO

Apogonidae

Glow-bellies, splitfins

ACR

Acropomatidae

Blackmouth splitfin

SYN

Synagrops japonicus

Splitfins n.e.i.

SYS

Synagrops spp.

Cape bonnetmouth

EMM

Emmelichthys nitidus

Bonnetmouths, rubyfishes, etc.

EMT

Emmelichthyidae

Snappers, jobfishes, n.e.i.

SNX

Lutjanidae

Threadfin breams

THB

Nemipterus spp.

Threadfin, monocle, dwarf breams

THD

Nemipteridae

Big-eye grunt

GRB

Brachydeuterus auritus

Rubberlip grunt

GBR

Plectorhinchus mediterraneus

Sompat grunt

BUR

Pomadasys jubelini

Grunts, sweetlips, n.e.i.

GRX

Haemulidae (= Pomadasyidae)

Southern meagre (= kob)

KOB

Argyrosomus hololepidotus

Geelbek croaker

AWE

Atractoscion aequidens

Tigertooth croaker

LKR

Otolithes ruber

West African croakers

CKW

Pseudotolithus spp.

Croakers, drums n.e.i.

CDX

Sciaenidae

Canary drum (= baardman)

UCA

Umbrina canariensis

Weakfishes n.e.i.

WKX

Cynoscion spp.

Natal pandora

TJO

Pagellus natalensis

Porgies, seabreams n.e.i.

SBX

Sparidae

Pandoras n.e.i.

PAX

Pagellus spp.

Sargo breams n.e.i.

SRG

Diplodus spp.

Large-eye dentex

DEL

Dentex macrophthalmus

Angolan dentex

DEA

Dentex angolensis

Canary dentex

DEN

Dentex canariensis

Dentex n.e.i.

DEX

Dentex spp.

Black seabream

BRB

Spondyliosoma cantharus

Carpenter seabream

SLF

Argyrozona argyrozona

Santer seabream

SLD

Cheimerius nufar

Red steenbras

RER

Petrus rupestris

Panga seabream

PGA

Pterogymnus laniarius

White stumpnose

WSN

Rhabdosargus globiceps

Pargo breams n.e.i.

SBP

Pagrus spp.

Bogue

BOG

Boops boops

Stumpnose, dageraadbreams, n.e.i.

RSX

Chrysoblephus spp.

Whitesteenbras

SNW

Lithognathus lithognathus

Steenbrasses, n.e.i.

STW

Lithognathus spp.

Sand steenbras

SSB

Lithognathus mormyrus

Copper breams

CPP

Pachymetopon spp.

Salema (= Strepie)

SLM

Sarpa salpa

Polystegan seabreams n.e.i.

PLY

Polysteganus spp.

Scotsman seabream

SCM

Polysteganus praeorbitalis

Seventyfour seabream

SEV

Polysteganus undulosus

Blueskin seabream

SBU

Polysteganus coeruleopunctatus

Porgies, seabreams, n.e.i.

SBX

Sparidae

Picarels

PIC

Spicara spp.

Goatfishes, red mullets n.e.i.

MUM

Mullidae

Surmullets (= Red mullets)

MUX

Mullus spp.

Galjoens n.e.i.

COT

Dichistiidae

Galjoen

GAJ

Dichistius capensis

Spadefishes

SPA

Ephippidae

African sicklefish

SIC

Drepane africana

Cuskeels, brotulas n.e.i.

OPH

Ophidiidae

Kingclip

KCP

Genypterus capensis

Gobies n.e.i.

GPA

Gobiidae

Cape redfish

REC

Sebastes capensis

Rosefishes n.e.i.

ROK

Helicolenus spp.

Blackbelly rosefish

BRF

Helicolenus dactylopterus

Scorpionfishes, n.e.i.

SCO

Scorpaenidae

Piper gurnard

GUN

Trigla lyra

Cape gurnard

GUC

Chelidonichthys capensis

Gurnards, searobins n.e.i.

GUX

Triglidae

Gurnards

GUY

Trigla spp.

Triggerfishes, durgons

TRI

Balistidae

Cape monk

MOK

Lophius upsicephalus

Anglerfishes n.e.i.

ANF

Lophiidae

Lanternfish

LAN

Lampanyctodes hectoris

Lanternfishes

LXX

Myctophidae

Needlefishes n.e.i.

BEN

Belonidae

Needlefishes

NED

Tylosuru spp.

Sauries n.e.i.

SAX

Scomberesocidae

Atlantic saury

SAU

Scomberesox saurus

Barracudas

BAR

Sphyraena spp.

Barracudas

BAZ

Sphyraenidae

Mullets n.e.i.

MUL

Mugilidae

Threadfins, tasselfishes n.e.i.

THF

Polynemidae

Lesser African threadfin

GAL

Galeoides decadactylus

Pelagic percomorphs n.e.i.

PPX

Perciformes

Bluefish

BLU

Pomatomus saltatrix

Bluefishes n.e.i.

POT

Pomatomidae

Cobia

CBA

Rachycentron canadum

Cobias n.e.i.

CBX

Rachycentridae

Cape horse mackerel

HMC

Trachurus capensis

Cunene horse mackerel

HMZ

Trachurus trecae

Jack and horse mackerels n.e.i.

JAX

Trachurus spp.

Scads

SDX

Decapterus spp.

Crevalle jack

CVJ

Caranx hippos

False scad

HMY

Caranx rhonchus

Jacks, crevalles, n.e.i.

TRE

Caranx spp.

Lookdown fish

LUK

Selene dorsalis

Pompanos

POX

Trachinotus spp.

Yellowtail amberjack

YTC

Seriola lalandi

Amberjacks n.e.i.

AMX

Seriola spp.

Leerfish (= Garrick)

LEE

Lichia amia

Atlantic bumper

BUA

Chloroscombrus chrysurus

Carangids n.e.i.

CGX

Carangidae

Pomfrets, ocean breams n.e.i.

BRZ

Bramidae

Atlantic pomfret

POA

Brama brama

Common dolphinfish

DOL

Coryphaena hippurus

Dolphinfishes n.e.i.

DOX

Coryphaenidae

Blue butterfish

BLB

Stromateus fiatola

Butterfishes, silverpomfrets

BUX

Stromateidae

Bonefishes

ALU

Albulidae

Longfin bonefish

BNF

Pterothrissus belloci

Round sardinella

SAA

Sardinella aurita

Madeiran sardinella

SAE

Sardinella maderensis

Southern African pilchard

PIA

Sardinops ocellatus

Whitehead's round herring

WRR

Etrumeus whiteheadi

Southern African anchovy

ANC

Engraulis capensis

Anchovies n.e.i.

ANX

Engraulidae

Herrings, sardines n.e.i.

CLP

Clupeidae

Sardinellas n.e.i.

SIX

Sardinella spp.

Clupeoids n.e.i.

CLU

Clupeoidei

Atlantic bonito

BON

Sarda sarda

Wahoo

WAH

Acanthocybium solandri

Frigate tuna

FRI

Auxis thazard

Frigate and bullet tunas

FRZ

Auxis thazard, A. rochei

Narrow-barred Spanish mackerel

COM

Scomberomorus commerson

King mackerel

SSM

Scomberomorus maculatus

West African Spanish mackerel

MAW

Scomberomorus tritor

Kanadi kingfish

KAK

Scomberomorus plurilineatus

Seerfishes n.e.i.

KGX

Scomberomorus spp.

Atlantic black skipjack

LTA

Euthynnus alletteratus

Kawakawa

KAW

Euthynnus affinis

Skipjack tuna

SKJ

Katsuwonus pelamis

Northern bluefin tuna

BFT

Thunnus thynnus

Albacore

ALB

Thunnus alalunga

Southern bluefin tuna

SBF

Thunnus maccoyji

Yellowfin tuna

YFT

Thunnus albacares

Big-eye tuna

BET

Thunnus obesus

Atlantic sailfish

SAI

Istiophorus albicans

Atlantic blue marlin

BUM

Makaira nigricans

Black marlin

BLM

Makaira indica

Atlantic white marlin

WHM

Tetrapturus albidus

Marlins, sailfishes, spearfishes

BIL

Istiophoridae

Swordfish

SWO

Xiphias gladius

Swordfishes

XIP

Xiphiidae

Tuna-like fishes n.e.i.

TUX

Scombroidei

Snake mackerels, escolars n.e.i.

GEP

Gempylidae

Snoek

SNK

Thyrsites atun

Largehead hairtail

LHT

Trichiurus lepturus

Hairtails, cutlassfishes n.e.i.

CUT

Trichiuridae

Silver scabbardfish

SFS

Lepidopus caudatus

Chub mackerel

MAS

Scomber japonicus

Mackerels n.e.i.

MAX

Scombridae

Mackerel-like fishes n.e.i.

MKX

Scombroidei

Shortfin mako

SMA

Isurus oxyrinchus

Blue shark

BSH

Prionace glauca

Smooth hammerhead

SPZ

Sphyrna zygaena

Smooth-hounds n.e.i.

SDV

Mustelus spp.

Tope shark

GAG

Galeorhinus galeus

Angelsharks, sand devils n.e.i.

ASK

Squatinidae

Raja rays n.e.i.

SKA

Raja spp.

Rays, stingrays, mantas n.e.i.

SRX

Rajiformes

Cape elephantfish

CHM

Callorhinchus capensis

Sharks, rays, skates, etc. n.e.i.

SKX

Elasmobranchii

Mackerel sharks, porbeagles

MSK

Lamnidae

Catsharks

SYX

Scyliorhinidae

Requiem sharks

RSK

Cercharhinidae

Bonnethead, hammerhead sharks

SPY

Sphyrnidae

Smoothhound

SMD

Mustelus mustelus

Dogfish sharks n.e.i.

DGX

Squalidae

Picked (= Spiny) dogfish

DGS

Squalus acanthias

Shortnose dogfish

DOP

Squalus megalops

Guitarfishes

GTF

Rhinobatidae

Sawfishes

SAW

Pristidae

Skates n.e.i.

RAJ

Rajidae

Skates

SKA

Raja spp.

Stingrays, butterfly rays

STT

Dasyaididae (= Trygonidae)

Eagle rays

EAG

Myliobatidae

Mantas

MAN

Mobulidae

Torpedo (= Electric) rays

TOD

Torpedinidae

Elephantfishes n.e.i.

CAH

Callorhinchidae

Rays, skates, mantas n.e.i.

BAI

Batoidimorpha (Hypotremata)

Various sharks n.e.i.

SKH

Selachimorpha (Pleurotremata)

Sharks, rays, skates etc.

SKX

Elasmobranchii

Cartilaginous fishes n.e.i.

CAR

Chondrichthyes

Chimaeras n.e.i.

HOL

Chimaeriformes

Marine fishes n.e.i.

MZZ

Osteichthyes

Edible crab

CRE

Cancer pagurus

Jonah crabs, rock crabs

CAD

Cancridae

Swimming crabs n.e.i.

SWM

Portunidae

King crabs n.e.i.

KCX

Lithodidae

Southern king crabs

KCR

Lithodes santolla

King crab

KCA

Lithodes ferox

West African geryon

CGE

Chaceon maritae

Geryons n.e.i.

GER

Geryon spp.

Deep-sea crabs, geryons

GEY

Geryonidae

Marine crabs n.e.i.

CRA

Brachyura

Tropical spiny lobsters n.e.i.

SLV

Panulirus spp.

Royal spiny lobster

LOY

Panulirus regius

Scalloped spiny lobster

LOK

Panulirus homarus

Cape rock lobster

LBC

Jasus lalandii

Tristan da Cunha rock lobster

LBT

Jasus tristani

Natal spiny lobster

SLN

Palinurus delagoae

South coast spiny lobster

SLS

Palinurus gilchristi

Spiny lobsters n.e.i.

VLO

Palinuridae

Slipper lobsters

LOS

Scyllaridae

Indian Ocean lobsterette

NES

Nephropsis stewarti

True lobsters, lobsterettes

NEX

Nephropidae

Caramote prawn

TGS

Melicertus kerathurus

Indian white prawn

PNI

Penaeus indicus

Southern pink shrimp

SOP

Penaeus notiatis

Penaeus shrimps n.e.i.

PEN

Penaeus spp.

Deepwater rose shrimp

DPS

Parapenaeus longirostris

Penaeid shrimps

PEZ

Penaeidae

Striped red shrimp

ARV

Aristeus varidens

Aristeid shrimps

ARI

Aristeidae

Common prawn

CPR

Palaemon serratus

Solenocerid shrimps

SOZ

Solenoceridae

Knife shrimps

KNI

Haliporoides spp.

Knife shrimp

KNS

Haliporoides triarthrus

Jack-knife shrimp

JAQ

Haliporoides sibogae

Natantian decapods n.e.i.

DCP

Natantia

Marine crustaceans n.e.i.

CRU

Crustacea

Perlemoen abalone

ABP

Haliotis midae

Giant periwinkle

GIW

Turbo sarmaticus

Flat oysters n.e.i.

OYX

Ostrea spp.

Denticulate rock oyster

ODE

Ostrea denticulata

Pacific cupped oyster

OYG

Crassostrea gigas

Cupped oysters n.e.i.

OYC

Crassostrea spp.

Rock mussel

MSL

Perna perna

Sea mussels n.e.i.

MSX

Mytilidae

PSU

Pecten sulcicostatus

Scallops n.e.i.

SCX

Pectinidae

Smooth mactra

MAG

Mactra glabrata

Mactra surf clams

MAT

Mactridae

Venus clams

CLV

Veneridae

DOR

Dosinia orbignyi

Donax clams

DON

Donax spp.

Cape razor clams

RAC

Solen capensis

Razor clams, knife clams

SOI

Solenidae

Clams n.e.i.

CLX

Bivalvia

Cuttlefishes, bobtail squids

CTL

Sepiidae, Sepiolidae

Chokker squid

CHO

Loligo reynaudi

Angolan flying squid

SQG

Todarodes angolensis

Common squids

SQC

Loligo spp.

Octopuses

OCT

Octopodidae

Squids n.e.i.

SQU

Loliginidae, Ommastrephidae

Marine molluscs n.e.i.

MOL

Mollusca

South African fur seal

SEK

Arctocephalus pusillus

Red bait

SSR

Pyura stolonifera

URR

Parechinus angulosus

Sea-cucumbers n.e.i.

CUX

Holothuroidea

Aquatic invertebrates n.e.i.

INV

Invertebrata


WESTERN INDIAN OCEAN (Major fishing area 51)

English name

3-alpha identifier

Scientific name

Kelee shad

HIX

Hilsa kelee

Hilsa shad

HIL

Tenualosa ilisha

Milkfish

MIL

Chanos chanos

Giant seaperch (= Barramundi)

GIP

Lates calcarifer

Flatfishes n.e.i.

FLX

Pleuronectiformes

Indian halibut

HAI

Psettodes erumei

Tonguefishes n.e.i.

TOX

Cynoglossidae

Unicorn cod

UNC

Bregmaceros mcclellandi

Gadiformes n.e.i.

GAD

Gadiformes

Bombay duck

BUC

Harpadon nehereus

Seacatfishes n.e.i.

CAX

Ariidae

Greater lizardfish

LIG

Saurida tumbil

Brushtooth lizardfish

LIB

Saurida undosquamis

Lizardfishes n.e.i.

LIX

Synodontidae

Pike congers n.e.i.

PCX

Muraenesox spp.

Conger eels n.e.i.

COX

Congridae

Alfonsinos

ALF

Beryx spp.

Japanese John Dory

JOD

Zeus faber

Demersal percomorphs n.e.i.

DPX

Perciformes

Groupers n.e.i.

GPX

Epinephelus spp.

Groupers, seabasses n.e.i.

BSX

Serranidae

Bigeyes n.e.i.

BIG

Priacanthus spp.

Sillago whitings

WHS

Sillaginidae

False trevally

TRF

Lactarius lactarius

Bonnetmouths, rubyfishes, etc.

EMT

Emmelichthyidae

Mangrove red snapper

RES

Lutjanus argentimaculatus

Snappers n.e.i.

SNA

Lutjanus spp.

Snappers, jobfishes, n.e.i.

SNX

Lutjanidae

Threadfin breams

THB

Nemipterus spp.

Threadfin, monocle dwarf breams

THD

Nemipteridae

Ponyfishes (= Slipmouths) n.e.i.

POY

Leiognathus spp.

Grunts, sweetlips, n.e.i.

GRX

Haemulidae (= Pomadasyidae)

Southern meagre (= Kob)

KOB

Argyrosomus hololepidotus

Geelbek croaker

AWE

Atractoscion aequidens

Croakers, drums n.e.i.

CDX

Sciaenidae

Emperors (Scavengers)

EMP

Lethrinidae

Pandoras n.e.i.

PAX

Pagellus spp.

Dentex n.e.i.

DEX

Dentex spp.

King soldier bream

KBR

Argyrops spinifer

Santer seabream

SLD

Cheimerius nufar

Red steenbras

RER

Petrus rupestris

Stumpnose, dageraad breams, n.e.i.

RSX

Chrysoblephus spp.

Porgies, seabreams, n.e.i.

SBX

Sparidae

Surmullets (= Red mullets)

MUX

Mullus spp.

Goatfishes

GOX

Upeneus spp.

Goatfishes, red mullets n.e.i.

MUM

Mullidae

Spotted sicklefish

SPS

Drepane punctata

Wrasses, hogfishes, etc.

WRA

Labridae

Mojarras (= Silver-biddies)

MOJ

Gerres spp.

Percoids n.e.i.

PRC

Percoidei

Spinefeet (= Rabbitfishes)

SPI

Siganus spp.

Scorpionfishes, n.e.i.

SCO

Scorpaenidae

Flatheads

FLH

Platycephalidae

Triggerfishes, durgons

TRI

Balistidae

Lanternfishes

LXX

Myctophidae

Needlefishes

NED

Tylosurus spp.

Halfbeaks n.e.i.

HAX

Hemiramphus spp.

Flyingfishes n.e.i.

FLY

Exocoetidae

Barracudas

BAR

Sphyraena spp.

Flathead grey mullet

MUF

Mugil cephalus

Mullets n.e.i.

MUL

Mugilidae

Fourfinger threadfin

FOT

Eleutheronema tetradactylum

Threadfins, tasselfishes n.e.i.

THF

Polynemidae

Pelagic percomorphs n.e.i.

PPX

Perciformes

Bluefish

BLU

Pomatomus saltatrix

Cobia

CBA

Rachycentron canadum

Cobias, n.e.i.

CBX

Rachycentridae

Jack and horse mackerels n.e.i.

JAX

Trachurus spp.

Indian scad

RUS

Decapterus russelli

Scads

SDX

Decapterus spp.

Jacks, crevalles, n.e.i.

TRE

Caranx spp.

Pompanos

POX

Trachinotus spp.

Yellowtail amberjack

YTC

Seriola lalandi

Amberjacks n.e.i.

AMX

Seriola spp.

Rainbow runner

RRU

Elagatis bipinnulata

Golden trevally

GLT

Gnathanodon speciosus

Torpedo scad

HAS

Megalaspis cordyla

Queenfishes

QUE

Scomberoides (= Chorinemus) spp.

Big-eye scad

BIS

Selar crumenophthalmus

Yellowstripe scad

TRY

Selaroides leptolepis

Carangids n.e.i.

CGX

Carangidae

Black pomfret

POB

Parastromateus niger

Common dolphinfish

DOL

Coryphaena hippurus

Silver pomfret

SIP

Pampus argenteus

Butterfishes, silver pomfrets

BUX

Stromateidae

Goldstripe sardinella

SAG

Sardinella gibbosa

Indian oil sardine

IOS

Sardinella longiceps

Sardinellas n.e.i.

SIX

Sardinella spp.

Southern African pilchard

PIA

Sardinops ocellatus

Redeye round herring

RRH

Etrumeus teres

Stolephorus anchovies

STO

Stolephorus spp.

Anchovies n.e.i.

ANX

Engraulidae

Clupeoids n.e.i.

CLU

Clupeoidei

Dorab wolf-herring

DOB

Chirocentrus dorab

Wolf-herrings

DOS

Chirocentrus spp.

Wahoo

WAH

Acanthocybium solandri

Narrow-barred Spanish mackerel

COM

Scomberomorus commerson

Indo-Pacific king mackerel

GUT

Scomberomorus guttatus

Streaked seerfish

STS

Scomberomorus lineolatus

Seerfishes n.e.i.

KGX

Scomberomorus spp.

Frigate and bullet tunas

FRZ

Auxis thazard, A. rochei

Kawakawa

KAW

Euthynnus affinis

Skipjack tuna

SKJ

Katsuwonus pelamis

Longtail tuna

LOT

Thunnus tonggol

Albacore

ALB

Thunnus alalunga

Southern bluefin tuna

SBF

Thunnus maccoyii

Yellowfin tuna

YFT

Thunnus albacares

Big-eye tuna

BET

Thunnus obesus

Indo-Pacific sailfish

SFA

Istiophorus platypterus

Indo-Pacific blue marlin

BLZ

Makaira mazara

Black marlin

BLM

Makaira indica

Striped marlin

MLS

Tetrapturus audax

Marlins, sailfishes, spearfishes

BIL

Istiophoridae

Tuna-like fishes n.e.i.

TUX

Scombroidei

Snoek

SNK

Thyrsites atun

Largehead hairtail

LHT

Trichiurus lepturus

Silver scabbardfish

SFS

Lepidopus caudatus

Hairtails, cutlassfishes, n.e.i.

CUT

Trichiuridae

Chub mackerel

MAS

Scomber japonicus

Indian mackerel

RAG

Rastrelliger kanagurta

Indian mackerels n.e.i.

RAX

Rastrelliger spp.

Mackerel-like fishes n.e.i.

MKX

Scombroidei

Swordfish

SWO

Xiphias gladius

Shortfin mako

SMA

Isurus oxyrinchus

Blue shark

BSH

Prionace glauca

Oceanic whitetip shark

OCS

Carcharhinus longimanus

Spot-tail shark

CCQ

Carcharhinus sorrah

Dusky shark

DUS

Carcharhinus obscurus

Silky shark

FAL

Carcharhinus falciformis

Milk shark

RHA

Rhizoprionodon acutus

Requiem sharks n.e.i.

RSK

Carcharhinidae

Hammerhead sharks, etc. n.e.i.

SPY

Sphyrnidae

Guitarfishes, etc. n.e.i.

GTF

Rhinobatidae

Sawfishes

SAW

Pristidae

Rays, stingrays, mantas n.e.i.

SRX

Rajiformes

Sharks, rays, skates, etc. n.e.i.

SKX

Elasmobranchii

Marine fishes n.e.i.

MZZ

Osteichthyes

Swimcrabs

CRS

Portunus spp.

Mud crab

MUD

Scylla serrata

Geryons n.e.i.

GER

Geryon spp.

Marine crabs n.e.i.

CRA

Brachyura

Tropical spiny lobsters n.e.i.

SLV

Panulirus spp.

Natal spiny lobster

SLN

Palinurus delagoae

Slipper lobsters

LOS

Scyllaridae

Andaman lobster

NEA

Metanephrops andamanicus

Giant tiger prawn

GIT

Penaeus monodon

Green tiger prawn

TIP

Penaeus semisulcatus

Indian white prawn

PNI

Penaeus indicus

Penaeus shrimps n.e.i.

PEN

Penaeus spp.

Knife shrimp

KNS

Haliporoides triarthrus

Jack-knife shrimp

JAQ

Haliporoides sibogae

Knife shrimps

KNI

Haliporoides spp.

Natantian decapods n.e.i.

DCP

Natantia

Marine crustaceans n.e.i.

CRU

Crustacea

Abalones n.e.i.

ABX

Haliotis spp.

Rock-cupped oyster

CSC

Saccostrea cucullata

Cupped oysters n.e.i.

OYC

Crassostrea spp.

Cephalopods n.e.i.

CEP

Cephalopoda

Cuttlefishes, bobtail squids

CTL

Sepiidae, Sepiolidae

Common squids

SQC

Loligo spp.

Octopuses

OCT

Octopodidae

Squids n.e.i.

SQU

Loliginidae, Ommastrephidae

Marine molluscs n.e.i.

MOL

Mollusca

Green turtle

TUG

Chelonia mydas

Marine turtles n.e.i.

TTX

Testudinata

Sea cucumbers n.e.i.

CUX

Holothuroidea

Aquatic invertebrates n.e.i.

INV

Invertebrata


ANNEX V

FORMAT FOR THE SUBMISSION OF CATCH DATA FOR REGIONS OTHER THAN THE NORTH ATLANTIC

Magnetic media

Computer tapes: Nine track with a density of 1 600 or 6 250 BPI and EBCDIC or ASCII coding, preferably unlabelled. If labelled, an end-of-file code should be included.

Floppy disks: MS-DOS-formatted 3,5″ 720 K or 1,4 MB disks or 5,25″ 360 K or 1,2 MB disks.

Record format

Byte numbers

Item

Remarks

1 to 4

Country (ISO 3-alpha code)

e.g. FRA = France

5 to 6

Year

e.g. 93 = 1993

7 to 8

Major fishing area

34 = eastern central Atlantic

9 to 15

Division

3.3 = division 3.3

16 to 18

Species

3-alpha identifier

19 to 26

Catch

Metric tonnes

Notes:

(a)

The catch field (bytes 19 to 26) should be right justified with leading blanks. All other fields should be left justified with trailing blanks.

(b)

The catch should be recorded in the live weight equivalent of the landings, to the nearest metric tonne.

(c)

Quantities (bytes 19 to 26) of less than half a unit should be recorded as ‘-1’.

(d)

Unknown quantities (bytes 19 to 26) should be recorded as ‘-2’.


ANNEX VI

FORMAT FOR THE SUBMISSION OF CATCH DATA FOR REGIONS OTHER THAN THE NORTH ATLANTIC ON MAGNETIC MEDIA

A.   CODING FORMAT

The data should be submitted as variable length records with a colon (:) between the fields of the record. The following fields should be included in each record:

Field

Remarks

Country

3-alpha code (for example, FRA = France)

Year

for example, 2001 or 01

FAO major fishing area

for example, 34 = eastern central Atlantic

Division

for example, 3.3 = division 3.3

Species

3-alpha identifier

Catch

Tonnes

(a)

The catch is to be recorded in the live weight equivalent of the landings, to the nearest metric tonne.

(b)

Quantities of less than half a unit should be recorded as ‘-1’.

(c)

Country codes:

Austria

AUT

Belgium

BEL

Bulgaria

BGR

Cyprus

CYP

Czech Republic

CZE

Germany

DEU

Denmark

DNK

Spain

ESP

Estonia

EST

Finland

FIN

France

FRA

United Kingdom

GBR

England and Wales

GBRA

Scotland

GBRB

Northern Ireland

GBRC

Greece

GRC

Hungary

HUN

Ireland

IRL

Iceland

ISL

Italy

ITA

Lithuania

LTU

Luxembourg

LUX

Latvia

LVA

Malta

MLT

Netherlands

NLD

Norway

NOR

Poland

POL

Portugal

PRT

Romania

ROU

Slovakia

SVK

Slovenia

SVN

Sweden

SWE

Turkey

TUR

B.   METHOD OF TRANSMISSION OF THE DATA TO THE EUROPEAN COMMISSION

As far as is possible, the data should be transmitted in an electronic format (for example, as an e-mail attachment). Failing this the submission of a file on a 3,5″ HD floppy disk will be accepted.


ANNEX VII

Repealed Regulation with list of its successive amendments

Council Regulation (EC) No 2597/95

(OJ L 270, 13.11.1995, p. 1)

 

Commission Regulation (EC) No 1638/2001

(OJ L 222, 17.8.2001, p. 29)

 

Regulation (EC) No 1882/2003 of the European Parliament and of the Council

(OJ L 284, 31.10.2003, p. 1)

Point 57 of Annex III only


ANNEX VIII

Correlation Table

Regulation (EC) No 2597/95

This Regulation

Article 1

Article 1

Article 2

Article 2

Article 3

Article 3

Article 4, first paragraph

Article 4, first paragraph

Article 4, second paragraph

Article 4, second paragraph

Article 4, third paragraph

Article 5(1) and (2)

Article 5(1) and (2)

Article 5(3)

Article 6(1)

Article 6(1)

Article 6(2)

Article 6(2)

Article 6(3)

Article 6(4)

Article 6(3)

Article 7

Article 7

Article 8

Annex 1

Annex I

Annex 2

Annex II

Annex 3

Annex III

Annex 4

Annex IV

Annex 5

Annex V

Annex VI

Annex VII

Annex VIII


31.3.2009   

EN

Official Journal of the European Union

L 87/42


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)

(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 Regulation (EEC) No 2018/93 of 30 June 1993 on the submission of catch and activity statistics by Member States fishing in the Northwest Atlantic (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)

The Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, approved by Council Regulation (EEC) No 3179/78 (4) and establishing the Northwest Atlantic Fisheries Organisation (NAFO), requires the Community to supply the NAFO Scientific Council with any available statistical and scientific information requested by the Scientific Council in the performance of its work.

(3)

Timely catch and activity statistics have been identified by the NAFO Scientific Council as essential to the performance of its work in evaluating the state of the fish stocks in the north-west Atlantic.

(4)

Several Member States have requested the submission of data in a different form or through a different medium from that specified in Annex V (the equivalent of the Statlant questionnaires).

(5)

The measures necessary for the implementation of this Regulation 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 (5).

(6)

In particular, the Commission should be empowered to adapt the lists of species and statistical fishing regions, descriptions of those regions, and measures, codes and definitions applied to fishing activity, fishing gear, vessel sizes and methods of fishing. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC,

HAVE ADOPTED THIS REGULATION:

Article 1

Each Member State shall submit to the Commission data on the catches by vessels registered in, or flying the flag of, that Member State fishing in the north-west Atlantic, with due regard to Council Regulation (Euratom, EEC) No 1588/90 of 11 June 1990 on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities (6).

The nominal catch data shall include all fishery products landed or transhipped at sea in no matter what form but shall exclude quantities which, subsequent to capture, are discarded at sea, consumed on board or used as bait on board. Aquaculture production shall be excluded. The data shall be recorded as the live weight equivalent of the landings or transhipments, to the nearest tonne.

Article 2

1.   The data to be submitted shall be of two types:

(a)

the annual nominal catches, expressed in tonnes live weight equivalent of the landings, of each of the species listed in Annex I in each of the statistical fishing regions of the north-west Atlantic listed in Annex II and defined in Annex III;

(b)

the catches as specified under point (a) and the corresponding fishing activity, subdivided by calendar month of capture, fishing gear, vessel size and main species sought.

2.   The data referred to in point (a) of paragraph 1 shall be submitted by 31 May of the year following the reference year and may be preliminary data. The data referred to in point (b) of paragraph 1 shall be submitted by 31 August of the year following the reference year and shall be definitive data.

The data referred to in point (a) of paragraph 1 and submitted as preliminary data should be clearly identified as such.

No submissions shall be required for species/fishing region combinations for which no catches were recorded in the reference period of the submission.

Should the Member State concerned not have fished in the north-west Atlantic in the preceding calendar year, it shall inform the Commission thereof by 31 May of the following year.

3.   The definitions and codes to be used in submitting information on fishing activity, fishing gear, method of fishing and vessel size are given in Annex IV.

4.   The Commission may amend the lists of species and statistical fishing regions and the descriptions of those regions, as well as the measures, codes and definitions applied to fishing activity, fishing gear, vessel sizes and methods of fishing.

Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 6(2).

Article 3

Except where provisions adopted under the common fisheries policy dictate otherwise, a Member State shall be permitted to use sampling techniques to derive catch data for those parts of the fishing fleet for which the complete coverage of the data would involve the excessive application of administrative procedures. The details of the sampling procedures, together with details of the proportion of the total data derived by such techniques, must be included by the Member State in the report submitted pursuant to Article 7(1).

Article 4

Member States shall fulfil their obligations to the Commission pursuant to Articles 1 and 2 by submitting the data in the format shown in Annex V.

Member States may submit data in the format detailed in Annex VI.

With the prior approval of the Commission, Member States may submit data in a different form or on a different medium.

Article 5

Within 24 hours of receipt of the reports, whenever possible, the Commission shall transmit the information contained therein to the Executive Secretary of NAFO.

Article 6

1.   The Commission shall be assisted by the Standing Committee for Agricultural Statistics, set up by Council Decision 72/279/EEC (7), hereinafter referred to as ‘the Committee’.

2.   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.

Article 7

1.   By 28 July 1994, Member States shall submit a detailed report to the Commission describing how the data on catches and fishing activity are derived and specifying the degree of representativeness and reliability of those data. The Commission, in collaboration with the Member States, shall draw up a summary of those reports.

2.   Member States shall inform the Commission of any modifications to the information provided under paragraph 1 within three months of their introduction.

3.   Methodological reports, data availability and data reliability referred to in paragraph 1 and other relevant issues connected with the application of this Regulation shall be examined once a year within the competent working group of the Committee.

Article 8

1.   Regulation (EEC) No 2018/93 is hereby repealed.

2.   References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VIII.

Article 9

This Regulation shall enter into force on the 20th day following 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 Strasbourg, 11 March 2009.

For the European Parliament

The President

H.-G. PÖTTERING

For the Council

The President

A. VONDRA


(1)  Opinion of the European Parliament of 17 June 2008 (not yet published in the Official Journal) and Council Decision of 26 February 2009.

(2)  OJ L 186, 28.7.1993, p. 1.

(3)  See Annex VI.

(4)  OJ L 378, 30.12.1978, p. 1.

(5)  OJ L 184, 17.7.1999, p. 23.

(6)  OJ L 151, 15.6.1990, p. 1.

(7)  OJ L 179, 7.8.1972, p. 1.


ANNEX I

LIST OF SPECIES WHICH HAVE BEEN REPORTED IN THE COMMERCIAL CATCH STATISTICS FOR THE NORTH-WEST ATLANTIC

Member States must report the nominal catches of those species marked with an asterisk (*). The reporting of nominal catches of the remaining species is optional as concerns the identification of the individual species. However, where data for individual species are not submitted the data shall be included in aggregate categories. Member States may submit data for species not in the list provided that the species are clearly identified.

Note

:

‘n.e.i.’ is the abbreviation for ‘not elsewhere identified’.

English name

3-alpha identifier

Scientific name

GROUNDFISH

Atlantic cod

COD (*)

Gadus morhua

Haddock

HAD (*)

Melanogrammus aeglefinus

Atlantic redfishes n.e.i.

RED (*)

Sebastes spp.

Silver hake

HKS (*)

Merluccius bilinearis

Red hake

HKR (*)

Urophycis chuss

Saithe (= pollock)

POK (*)

Pollachius virens

Golden redfish

REG (*)

Sebastes marinus

Beaked redfish

REB (*)

Sebastes mentella

American plaice (L. R. dab)

PLA (*)

Hippoglossoides platessoides

Witch flounder

WIT

Glyptocephalus cynoglossus

Yellowtail flounder

YEL (*)

Limanda ferruginea

Greenland halibut

GHL (*)

Reinhardtius hippoglossoides

Atlantic halibut

HAL (*)

Hippoglossus hippoglossus

Winter flounder

FLW (*)

Pseudopleuronectes americanus

Summer flounder

FLS (*)

Paralichthys dentatus

Windowpane flounder

FLD (*)

Scophthalmus aquosus

Flatfishes n.e.i.

FLX

Pleuronectiformes

American angler

ANG (*)

Lophius americanus

Atlantic searobins

SRA

Prionotus spp.

Atlantic tomcod

TOM

Microgadus tomcod

Blue antimora

ANT

Antimora rostrata

Blue whiting (= poutassou)

WHB

Micromesistius poutassou

Cunner

CUN

Tautogolabrus adspersus

Cusk (= tusk)

USK

Brosme brosme

Greenland cod

GRC

Gadus ogac

Blue ling

BLI

Molva dypterygia

Ling

LIN (*)

Molva molva

Lumpfish (= lumpsucker)

LUM (*)

Cyclopterus lumpus

Northern kingfish

KGF

Menticirrhus saxatilis

Northern puffer

PUF

Sphoeroides maculatus

Eelpouts n.e.i.

ELZ

Lycodes spp.

Ocean pout

OPT

Zoarces americanus

Polar cod

POC

Boreogadus saida

Roundnose grenadier

RNG

Coryphaenoides rupestris

Roughhead grenadier

RHG

Macrourus berglax

Sandeels (= sand lances)

SAN

Ammodytes spp.

Sculpins n.e.i.

SCU

Myoxocephalus spp.

Scup

SCP

Stenotomus chrysops

Tautog

TAU

Tautoga onitis

Tilefish

TIL

Lopholatilus chamaeleonticeps

White hake

HKW (*)

Urophycis tenuis

Wolf-fishes n.e.i.

CAT (*)

Anarhichas spp.

Atlantic wolf-fish

CAA (*)

Anarhichas lupus

Spotted wolf-fish

CAS (*)

Anarhichas minor

Groundfishes n.e.i.

GRO

Osteichthyes

PELAGIC FISH

Atlantic herring

HER (*)

Clupea harengus

Atlantic mackerel

MAC (*)

Scomber scombrus

Atlantic butterfish

BUT

Peprilus triacanthus

Atlantic menhaden

MHA (*)

Brevoortia tyrannus

Atlantic saury

SAU

Scomberesox saurus

Bay anchovy

ANB

Anchoa mitchilli

Bluefish

BLU

Pomatomus saltatrix

Crevalle Jack

CVJ

Caranx hippos

Frigate tuna

FRI

Auxis thazard

King mackerel

KGM

Scomberomorus cavalla

Atlantic Spanish mackerel

SSM (*)

Scomberomorus maculatus

Sailfish

SAI

Istiophorus albicans

White marlin

WHM

Tetrapturus albidus

Blue marlin

BUM

Makaira nigricans

Swordfish

SWO

Xiphias gladius

Albacore tuna

ALB

Thunnus alalunga

Atlantic bonito

BON

Sarda sarda

Little tunny

LTA

Euthynnus alletteratus

Bigeye tuna

BET

Thunnus obesus

Northern bluefish tuna

BFT

Thunnus thynnus

Skipjack tuna

SKJ

Katsuwonus pelamis

Yellowfin tuna

YFT

Thunnus albacares

Tunas n.e.i.

TUN

Thunnini

Pelagic fishes n.e.i.

PEL

Osteichthyes

OTHER FIN FISH

Alewife

ALE

Alosa pseudoharengus

Amberjacks n.e.i.

AMX

Seriola spp.

American conger

COA

Conger oceanicus

American eel

ELA

Anguilla rostrata

American shad

SHA

Alosa sapidissima

Argentines n.e.i.

ARG

Argentina spp.

Atlantic croaker

CKA

Micropogonias undulatus

Atlantic needlefish

NFA

Strongylura marina

Atlantic thread herring

THA

Opisthonema oglinum

Baird's slickhead

ALC

Alepocephalus bairdii

Black drum

BDM

Pogonias cromis

Black sea bass

BSB

Centropristis striata

Blueback herring

BBH

Alosa aestivalis

Capelin

CAP (*)

Mallotus villosus

Char n.e.i.

CHR

Salvelinus spp.

Cobia

CBA

Rachycentron canadum

Common (= Florida) pompano

POM

Trachinotus carolinus

Gizzard shad

SHG

Dorosoma cepedianum

Grunts n.e.i.

GRX

Haemulidae

Hickory shad

SHH

Alosa mediocris

Lanternfish

LAX

Notoscopelus spp.

Mullets n.e.i.

MUL

Mugilidae

North Atlantic harvestfish

HVF

Peprilus alepidotus

Pigfish

PIG

Orthopristis chrysoptera

Rainbow smelt

SMR

Osmerus mordax

Red drum

RDM

Sciaenops ocellatus

Red porgy

RPG

Pagrus pagrus

Rough shad

RSC

Trachurus lathami

Sand perch

PES

Diplectrum formosum

Sheepshead

SPH

Archosargus probatocephalus

Spot croaker

SPT

Leiostomus xanthurus

Spotted weakfish

SWF

Cynoscion nebulosus

Squeteague

STG

Cynoscion regalis

Striped bass

STB

Morone saxatilis

Sturgeons n.e.i.

STU

Acipenseridae

Tarpon

TAR

Megalops atlanticus

Trout n.e.i.

TRO

Salmo spp.

White perch

PEW

Morone americana

Alfonsinos

ALF

Beryx spp.

Spiny (= piked) dogfish

DGS (*)

Squalus acanthias

Dogfishes n.e.i.

DGX (*)

Squalidae

Porbeagle

POR (*)

Lamna nasus

Large sharks n.e.i.

SHX

Squaliformes

Shortfin mako shark

SMA

Isurus oxyrinchus

Atlantic sharpnose shark

RHT

Rhizoprionodon terraenovae

Black dogfish

CFB

Centroscyllium fabricii

Boreal (Greenland) shark

GSK

Somniosus microcephalus

Basking shark

BSK

Cetorhinus maximus

Little skate

RJD

Leucoraja erinacea

Barndoor skate

RJL

Dipturus laevis

Winter skate

RJT

Leucoraja ocellata

Thorny skate

RJR

Amblyraja radiata

Smooth skate

RJS

Malacoraja senta

Spinytail (spinetail) skate

RJQ

Bathyraja spinicauda

Arctic skate

RJG

Amblyraja hyperborea

Skates n.e.i.

SKA (*)

Raja spp.

Finfishes n.e.i.

FIN

Osteichthyes

INVERTEBRATES

Long-finned squid

SQL (*)

Loligo pealeii

Short-finned squid

SQI (*)

Illex illecebrosus

Squids n.e.i.

SQU (*)

Loliginidae, Ommastrephidae

Atlantic razor clam

CLR

Ensis directus

Hard clam

CLH

Mercenaria mercenaria

Ocean quahog

CLQ

Arctica islandica

Soft clam

CLS

Mya arenaria

Surf clam

CLB

Spisula solidissima

Clams n.e.i.

CLX

Bivalvia

Bay scallop

SCB

Argopecten irradians

Calico scallop

SCC

Argopecten gibbus

Icelandic scallop

ISC

Chlamys islandica

Sea scallop

SCA

Placopecten magellanicus

Scallops n.e.i.

SCX

Pectinidae

American cupped oyster

OYA

Crassostrea virginica

Blue mussel

MUS

Mytilus edulis

Whelks n.e.i.

WHX

Busycon spp.

Periwinkles n.e.i.

PER

Littorina spp.

Marine molluscs n.e.i.

MOL

Mollusca

Atlantic rock crab

CRK

Cancer irroratus

Blue crab

CRB

Callinectes sapidus

Green crab

CRG

Carcinus maenas

Jonah crab

CRJ

Cancer borealis

Queen crab

CRQ

Chionoecetes opilio

Red crab

CRR

Geryon quinquedens

Stone king crab

KCT

Lithodes maja

Marine crabs n.e.i.

CRA

Brachyura

American lobster

LBA

Homarus americanus

Northern prawn

PRA (*)

Pandalus borealis

Aesop shrimp

AES

Pandalus montagui

Penaeus shrimps n.e.i.

PEN (*)

Penaeus spp.

Pink (= pandalid) shrimps

PAN (*)

Pandalus spp.

Marine crustaceans n.e.i.

CRU

Crustacea

Sea urchin

URC

Strongylocentrotus spp.

Marine worms n.e.i.

WOR

Polychaeta

Horseshoe crab

HSC

Limulus polyphemus

Marine invertebrates n.e.i.

INV

Invertebrata

SEAWEEDS

Brown seaweeds

SWB

Phaeophyceae

Red seaweeds

SWR

Rhodophyceae

Seaweeds n.e.i.

SWX

Algae

SEALS

Harp seal

SEH

Pagophilus groenlandicus

Hooded seal

SEZ

Cystophora cristata


ANNEX II

STATISTICAL FISHING AREAS OF THE NORTH-WEST ATLANTIC FOR WHICH DATA ARE TO BE SUBMITTED

Sub-area 0

 

Division 0 A

 

Division 0 B

Sub-area 1

 

Division 1 A

 

Division 1 B

 

Division 1 C

 

Division 1 D

 

Division 1 E

 

Division 1 F

 

Division 1 NK (not known)

Sub-area 2

 

Division 2 G

 

Division 2 H

 

Division 2 J

 

Division 2 NK (not known)

Sub-area 3

 

Division 3 K

 

Division 3 L

 

Division 3 M

 

Division 3 N

 

Division 3 O

 

Division 3 P

 

Sub-division 3 P n

 

Sub-division 3 P s

 

Division 3 NK (not known)

Sub-area 4

 

Division 4 R

 

Division 4 S

 

Division 4 T

 

Division 4 V

 

Sub-division 4 V n

 

Sub-division 4 V s

 

Division 4 W

 

Division 4 X

 

Division 4 NK (not known)

Sub-area 5

 

Division 5 Y

 

Division 5 Z

 

Sub-division 5 Z e

 

Sub-unit 5 Z c

 

Sub-unit 5 Z u

 

Sub-division 5 Z w

 

Division 5 NK (not known)

Sub-area 6

 

Division 6 A

 

Division 6 B

 

Division 6 C

 

Division 6 D

 

Division 6 E

 

Division 6 F

 

Division 6 G

 

Division 6 H

 

Division 6 NK (not known)

Statistical fishing areas for the north-west Atlantic

Image


ANNEX III

DESCRIPTION OF THE NAFO SUB-AREAS AND DIVISIONS USED FOR THE PURPOSE OF FISHERY STATISTICS AND REGULATIONS IN THE NORTH-WEST ATLANTIC

The scientific and statistical sub-areas, divisions and subdivisions provided for by Article XX of the Convention of the Northwest Atlantic Fisheries Organisation are as follows:

Sub-area 0

That portion of the convention area bounded on the south by a line extending due east from a point at 61o00′ north latitude and 65o00′ west longitude to a point at 61o00′ north latitude and 59o00′ west longitude, thence in a south-easterly direction along a rhumb line to a point at 60o12′ north latitude and 57o13′ west longitude; thence bounded on the east by a series of geodesic lines joining the following points:

Point No

Latitude

Longitude

1

60o12′0

57o13′0

2

61o00′0

57o13′1

3

62o00′5

57o21′1

4

62o02′3

57o21′8

5

62o03′5

57o22′2

6

62o11′5

57o25′4

7

62o47′2

57o41′0

8

63o22′8

57o57′4

9

63o28′6

57o59′7

10

63o35′0

58o02′0

11

63o37′2

58o01′2

12

63o44′1

57o58′8

13

63o50′1

57o57′2

14

63o52′6

57o56′6

15

63o57′4

57o53′5

16

64o04′3

57o49′1

17

64o12′2

57o48′2

18

65o06′0

57o44′1

19

65o08′9

57o43′9

20

65o11′6

57o44′4

21

65o14′5

57o45′1

22

65o18′1

57o45′8

23

65o23′3

57o44′9

24

65o34′8

57o42′3

25

65o37′7

57o41′9

26

65o50′9

57o40′7

27

65o51′7

57o40′6

28

65o57′6

57o40′1

29

66o03′5

57o39′6

30

66o12′9

57o38′2

31

66o18′8

57o37′8

32

66o24′6

57o37′8

33

66o30′3

57o38′3

34

66o36′1

57o39′2

35

66o37′9

57o39′6

36

66o41′8

57o40′6

37

66o49′5

57o43′0

38

67o21′6

57o52′7

39

67o27′3

57o54′9

40

67o28′3

57o55′3

41

67o29′1

57o56′1

42

67o30′7

57o57′8

43

67o35′3

58o02′2

44

67o39′7

58o06′2

45

67o44′2

58o09′9

46

67o56′9

58o19′8

47

68o01′8

58o23′3

48

68o04′3

58o25′0

49

68o06′8

58o26′7

50

68o07′5

58o27′2

51

68o16′1

58o34′1

52

68o21′7

58o39′0

53

68o25′3

58o42′4

54

68o32′9

59o01′8

55

68o34′0

59o04′6

56

68o37′9

59o14′3

57

68o38′0

59o14′6

58

68o56′8

60o02′4

59

69o00′8

60o09′0

60

69o06′8

60o18′5

61

69o10′3

60o23′8

62

69o12′8

60o27′5

63

69o29′4

60o51′6

64

69o49′8

60o58′2

65

69o55′3

60o59′6

66

69o55′8

61o00′0

67

70o01′6

61o04′2

68

70o07′5

61o08′1

69

70o08′8

61o08′8

70

70o13′4

61o10′6

71

70o33′1

61o17′4

72

70o35′6

61o20′6

73

70o48′2

61o37′9

74

70o51′8

61o42′7

75

71o12′1

62o09′1

76

71o18′9

62o17′5

77

71o25′9

62o25′5

78

71o29′4

62o29′3

79

71o31′8

62o32′0

80

71o32′9

62o33′5

81

71o44′7

62o49′6

82

71o47′3

62o53′1

83

71o52′9

63o03′9

84

72o01′7

63o21′1

85

72o06′4

63o30′9

86

72o11′0

63o41′0

87

72o24′8

64o13′2

88

72o30′5

64o26′1

89

72o36′3

64o38′8

90

72o43′7

64o54′3

91

72o45′7

64o58′4

92

72o47′7

65o00′9

93

72o50′8

65o07′6

94

73o18′5

66o08′3

95

73o25′9

66o25′3

96

73o31′1

67o15′1

97

73o36′5

68o05′5

98

73o37′9

68o12′3

99

73o41′7

68o29′4

100

73o46′1

68o48′5

101

73o46′7

68o51′1

102

73o52′3

69o11′3

103

73o57′6

69o31′5

104

74o02′2

69o50′3

105

74o02′6

69o52′0

106

74o06′1

70o06′6

107

74o07′5

70o12′5

108

74o10′0

70o23′1

109

74o12′5

70o33′7

110

74o24′0

71o25′7

111

74o28′6

71o45′8

112

74o44′2

72o53′0

113

74o50′6

73o02′8

114

75o00′0

73o16′3

115

75o05′

73o30′

and thence due north to the parallel of 78o10′ north latitude; and bounded on the west by a line beginning at 61o00′ north latitude and 65o00′ west longitude and extending in a north-westerly direction along a rhumb line to the coast of Baffin Island at East Bluff (61o55′ north latitude and 66o20′ west longitude), and thence in a northerly direction along the coast of Baffin Island, Bylot Island, Devon Island and Ellesmere Island and following the meridian of 80o west longitude in the waters between those islands to 78o10′ north latitude; and bounded on the north by the parallel of 78o10′ north latitude.

Sub-area 0 is composed of two divisions

Division 0A

That portion of the sub-area lying to the north of the parallel of 66o15′ north latitude.

Division 0B

That portion of the sub-area lying to the south of the parallel of 66o15′ north latitude.

Sub-area 1

That portion of the convention area lying to the east of sub-area 0 and to the north and east of a rhumb line joining a point at 60o12′ north latitude and 57o13′ west longitude with a point at 52o15′ north latitude and 42o00′ west longitude.

Sub-area 1 is composed of six divisions

Division 1A

That portion of the sub-area lying north of the parallel of 68o50′ north latitude (Christianshaab).

Division 1B

That portion of the sub-area lying between the parallel of 66o15′ north latitude (5 nautical miles north of Umanarsugssuak) and the parallel of 68o50′ north latitude (Christianshaab).

Division 1C

That portion of the sub-area lying between the parallel of 64o15′ north latitude (4 nautical miles north of Godthaab) and the parallel of 66o15′ north latitude (5 nautical miles north of Umanarsugssuak).

Division 1D

That portion of the sub-area lying between the parallel of 62o30′ north latitude (Frederikshaab Glacier) and the parallel of 64o15′ north latitude (4 nautical miles north of Godthaab).

Division 1E

That portion of the sub-area lying between the parallel of 60o45′ north latitude (Cape Desolation) and the parallel of 62o30′ north latitude (Frederikshaab Glacier).

Division 1F

That portion of the sub-area lying south of the parallel of 60o45′ north latitude (Cape Desolation).

Sub-area 2

That portion of the convention area lying to the east of the meridian of 64o30′ west longitude in the area of Hudson Strait, to the south of sub-area 0, to the south and west of sub-area 1 and to the north of the parallel of 52o15′ north latitude.

Sub-area 2 is composed of three divisions

Division 2G

That portion of the sub-area lying north of the parallel of 57o40′ north latitude (Cape Mugford).

Division 2H

That portion of the sub-area lying between the parallel of 55o20′ north latitude (Hopedale) and the parallel of 57o40′ north latitude (Cape Mugford).

Division 2J

That portion of the sub-area lying south of the parallel of 55o20′ north latitude (Hopedale).

Sub-area 3

That portion of the convention area lying south of the parallel of 52o15′ north latitude, and to the east of a line extending due north from Cape Bauld on the north coast of Newfoundland to 52o15′ north latitude; to the north of the parallel of 39o00′ north latitude; and to the east and north of a rhumb line commencing at 39o00′ north latitude, 50o00′ west longitude and extending in a north-westerly direction to pass through a point at 43o30′ north latitude, 55o00′ west longitude in the direction of a point at 47o50′ north latitude, 60o00′ west longitude until it intersects a straight line connecting Cape Ray, 47o37,0′ north latitude; 59o18,0′ west longitude on the coast of Newfoundland, with Cape North, 47o02,0′ north latitude; 60o25,0′ west longitude on Cape Breton Island; thence in a north-easterly direction along said line to Cape Ray, 47o37,0′ north latitude, 59o18,0′ west longitude.

Sub-area 3 is composed of six divisions

Division 3K

That portion of the sub-area lying north of the parallel of 49o15′ north latitude (Cape Freels, Newfoundland).

Division 3L

That portion of the sub-area lying between the Newfoundland coast from Cape Freels to Cape St Mary and a line described as follows: beginning at Cape Freels, thence due east to the meridian of 46o30′ west longitude, thence due south to the parallel of 46o00′ north latitude, thence due west to the meridian of 54o30′ west longitude, thence along a rhumb line to Cape St Mary, Newfoundland.

Division 3M

That portion of the sub-area lying south of the parallel of 49o15′ north latitude and east of the meridian of 46o30′ west longitude.

Division 3N

That portion of the sub-area lying south of the parallel of 46o00′ north latitude and between the meridian of 46o30′ west longitude and the meridian of 51o00′ west longitude.

Division 3O

That portion of the sub-area lying south of the parallel of 46o00′ north latitude and between the meridian of 51o00′ west longitude and the meridian of 54o30′ west longitude.

Division 3P

That portion of the sub-area lying south of the Newfoundland coast and west of a line from Cape St Mary, Newfoundland to a point at 46o00′ north latitude, 54o30′ west longitude, thence due south to a limit of the sub-area.

Division 3P is divided into two subdivisions:

3Pn — north-western subdivision — that portion of division 3P lying north-west of a line extending from 47o30,7′ north latitude; 57o43,2′ west longitude, approximately south-west to a point at 46o50,7′ north latitude and 58o49,0′ west longitude;

3Ps — south-eastern subdivision — that portion of division 3P lying south-east of the line defined for subdivision 3Pn.

Sub-area 4

That portion of the convention area lying north of the parallel of 39o00′ north latitude, to the west of sub-area 3, and to the east of a line described as follows:

beginning at the terminus of the international boundary between the United States of America and Canada in Grand Manan Channel, at a point at 44o46′35,346″ north latitude; 66o54′11,253″ west longitude; thence due south to the parallel of 43o50′ north latitude; thence due west to the meridian of 67o24′27,24″ west longitude; thence along a geodetic line in a south-westerly direction to a point at 42o53′14″ north latitude and 67o44′35″ west longitude; thence along a geodetic line in a south-easterly direction to a point at 42o31′08″ north latitude and 67o28′05″ west longitude; thence along a geodetic line to a point at 42o20′ north latitude and 67o18′13,15″ west longitude;

thence due east to a point at 66o00′ west longitude; thence along a rhumb line in a south-easterly direction to a point at 42o00′ north latitude and 65o40′ west longitude and thence due south to the parallel of 39o00′ north latitude.

Sub-area 4 is composed of six divisions

Division 4R

That portion of the sub-area lying between the coast of Newfoundland from Cape Bauld to Cape Ray and a line described as follows: beginning at Cape Bauld, thence due north to the parallel of 52o15′ north latitude, thence due west to the Labrador coast, thence along the Labrador coast to the terminus of the Labrador-Quebec boundary, thence along a rhumb line in a south-westerly direction to a point at 49o25′ north latitude, 60o00′ west longitude, thence due south to a point at 47o50′ north latitude, 60o00′ west longitude, thence along a rhumb line in a south-easterly direction to the point at which the boundary of sub-area 3 intersects the straight line joining Cape North, Nova Scotia with Cape Ray, Newfoundland, thence to Cape Ray, Newfoundland.

Division 4S

That portion of the sub-area lying between the south coast of Quebec from the terminus of the Labrador-Quebec boundary to Pointe-des-Monts and a line described as follows: beginning at Pointe-des-Monts, thence due east to a point at 49o25′ north latitude, 64o40′ west longitude, thence along a rhumb line in an east-south-easterly direction to a point at 47o50′ north latitude, 60o00′ west longitude, thence due north to a point at 49o25′ north latitude, 60o00′ west longitude, thence along a rhumb line in a north-easterly direction to the terminus of the Labrador-Quebec boundary.

Division 4T

That portion of the sub-area lying between the coasts of Nova Scotia, New Brunswick and Quebec from Cape North to Pointe-des-Monts and a line described as follows: beginning at Pointe-des-Monts, thence due east to a point at 49o25′ north latitude, 64o40′ west longitude, thence along a rhumb line in a south-easterly direction to a point at 47o50′ north latitude, 60o00′ west longitude, thence along a rhumb line in a southerly direction to Cape North, Nova Scotia.

Division 4V

That portion of the sub-area lying between the coast of Nova Scotia between Cape North and Fourchu and a line described as follows: beginning at Fourchu, thence along a rhumb line in an easterly direction to a point at 45o40′ north latitude, 60o00′ west longitude, thence due south along the meridian of 60o00′ west longitude to the parallel of 44o10′ north latitude, thence due east to the meridian of 59o00′ west longitude, thence due south to the parallel of 39o00′ north latitude, thence due east to a point where the boundary between sub-areas 3 and 4 meets the parallel of 39o00′ north latitude, thence along the boundary between sub-areas 3 and 4 and a line continuing in a north-westerly direction to a point at 47o50′ north latitude, 60o00′ west longitude, and thence along a rhumb line in a southerly direction to Cape North, Nova Scotia.

Division 4V is divided into two subdivisions:

4Vn — northern subdivision — that portion of division 4V lying north of the parallel of 45o40′ north latitude;

4Vs — southern subdivision — that portion of division 4V lying south of the parallel of 45o40′ north latitude.

Division 4W

That portion of the sub-area lying between the coast of Nova Scotia from Halifax to Fourchu and a line described as follows: beginning at Fourchu, thence along a rhumb line in an easterly direction to a point at 45o40′ north latitude, 60o00′ west longitude, thence due south along the meridian of 60o00′ west longitude to the parallel of 44o10′ north latitude, thence due east to the meridian of 59o00′ west longitude, thence due south to the parallel of 39o00′ north latitude, thence due west to the meridian of 63o20′ west longitude, thence due north to a point on that meridian at 44o20′ north latitude, thence along a rhumb line in a north-westerly direction to Halifax, Nova Scotia.

Division 4X

That portion of the sub-area lying between the western boundary of sub-area 4 and the coasts of New Brunswick and Nova Scotia from the terminus of the boundary between New Brunswick and Maine to Halifax, and a line described as follows: beginning at Halifax, thence along a rhumb line in a south-easterly direction to a point at 44o20′ north latitude, 63o20′ west longitude, thence due south to the parallel of 39o00′ north latitude, and thence due west to the meridian of 65o40′ west longitude.

Sub-area 5

That portion of the convention area lying to the west of the western boundary of sub-area 4, to the north of the parallel of 39o00′ north latitude, and to the east of the meridian of 71o40′ west longitude.

Sub-area 5 is composed of two divisions

Division 5Y

That portion of the sub-area lying between the coasts of Maine, New Hampshire and Massachusetts from the border between Maine and New Brunswick to 70o00′ west longitude on Cape Cod (at approximately 42o north latitude) and a line described as follows: beginning at a point on Cape Cod at 70o west longitude (at approximately 42o north latitude), thence due north to 42o20′ north latitude, thence due east to 67o18′13,15″ west longitude at the boundary of sub-areas 4 and 5, and thence along that boundary to the boundary of Canada and the United States.

Division 5Z

That portion of the sub-area lying to the south and east of division 5Y.

Division 5Z is divided into two subdivisions: an eastern subdivision and a western subdivision defined as follows:

5Ze — eastern subdivision — that portion of division 5Z lying east of the meridian of 70o00′ west longitude;

Subdivision 5Ze is sub-divided into two sub-units (1):

5Zu (United States waters) is that part of subdivision 5Ze to the west of the geodetic lines connecting the points with the following coordinates:

Latitude north

Longitude west

A

44o11′12″

67o16′46″

B

42o53′14″

67o44′35″

C

42o31′08″

67o28′05″

D

40o27′05″

65o41′59″.

5Zc (Canadian waters) is that part of subdivision 5Ze to the east of the abovementioned geodetic lines;

5Zw — western subdivision — that portion of division 5Z lying west of the meridian of 70o00′ west longitude.

Sub-area 6

That part of the convention area bounded by a line beginning at a point on the coast of Rhode Island at 71o40′ west longitude, thence due south to 39o00′ north latitude, thence due east to 42o00′ west longitude, thence due south to 35o00′ north latitude, thence due west to the coast of North America, thence northwards along the coast of North America to the point on Rhode Island at 71o40′ west longitude.

Sub-area 6 is composed of eight divisions

Division 6A

That portion of the sub-area lying to the north of the parallel of 39o00′ north latitude and to the west of sub-area 5.

Division 6B

That portion of the sub-area lying to the west of 70o00′ west longitude, to the south of the parallel of 39o00′ north latitude, and to the north and west of a line running westward along the parallel of 37o00′ north latitude to 76o00′ west longitude and thence due south to Cape Henry, Virginia.

Division 6C

That portion of the sub-area lying to the west of 70o00′ west longitude and to the south of division 6B.

Division 6D

That portion of the sub-area lying to the east of divisions 6B and 6C and to the west of 65o00′ west longitude.

Division 6E

That portion of the sub-area lying to the east of division 6D and to the west of 60o00′ west longitude.

Division 6F

That portion of the sub-area lying to the east of division 6E and to the west of 55o00′ west longitude.

Division 6G

That portion of the sub-area lying to the east of division 6F and to the west of 50o00′ west longitude.

Division 6H

That portion of the sub-area lying to the east of division 6G and to the west of 42o00′ west longitude.


(1)  These two sub-units are not recorded in the sixth publication of the NAFO Convention (May 2000). However, following a proposal of the NAFO Scientific Council, they were approved by the NAFO General Council pursuant to Article XX(2) of the NAFO Convention.


ANNEX IV

DEFINITIONS AND CODING TO BE USED IN THE SUBMISSION OF CATCH DATA

(A)   LIST OF FISHING GEAR/FISHING VESSEL CATEGORIES

(from the International Standard Statistical Classification of Fishing Gears (ISSCFG))

Category

Abbreviation

Trawls

 

Bottom trawls

 

beam trawls

TBB

otter trawls (side or stern not specified)

OTB

otter trawls (side)

OTB1

otter trawls (stern)

OTB2

pair trawls (two vessels)

PTB

shrimp trawls

TBS

nephrops trawls

TBN

bottom trawls (not specified)

TB

Midwater trawls

 

otter trawls (side or stern not specified)

OTM

otter trawls (side)

OTM1

otter trawls (stern)

OTM2

pair trawls (two vessels)

PTM

shrimp trawls

TMS

midwater trawls (not specified)

TM

Twin trawl

OTS

Otter twin trawls

OTT

Pair trawls (two vessels) (not specified)

PT

Otter trawls (not specified)

OT

Other trawls (not specified)

TX

Seine nets

 

Beach seines

SB

Boat or vessel seines

SV

Danish seines

SDN

Scottish seines

SSC

pair seines (two vessels)

SPR

Seine nets (not specified)

SX

Surrounding nets

 

With purse lines (purse seine)

PS

operated by one vessel

PS1

operated by two vessels

PS2

Without purse lines (lampara)

LA

Gillnets and entangling nets

 

Set gillnets (anchored)

GNS

Drift gillnets

GND

Encircling gillnets

GNC

Fixed gillnets (on stakes)

GNF

Trammel nets

GTR

Combined gillnet-trammel nets

GTN

Gillnets and entangling nets (not specified)

GEN

Gillnets (not specified)

GN

Hooks and lines

 

Set longlines

LLS

Drift longlines

LLD

Longlines (not specified)

LL

Handlines and polelines (hand-operated)

LHP

Handlines and polelines (mechanised)

LTM

Trolling lines

LTL

Hooks and lines (not specified)

LX

Traps

 

Stationary uncovered poundnets

FPN

Covered pots

FPO

Fyke nets

FYK

Barriers, fences, weirs, etc.

FWR

Stownets

FSN

Aerial nets

FAR

Traps (not specified)

FIX

Falling gear

 

Cast nets

FCN

Falling gear (unspecified)

FG

Dredges

 

Boat dredge

DRB

Hand dredge

DRH

Grappling and wounding

 

Harpoon

HAR

Lift nets

 

Portable lift nets

LNP

Boat-operated lift nets

LNB

Shore-operated stationary lift nets

LNS

Lift nets (not specified)

LN

Harvesting machines

 

Pumps

HMP

Mechanised dredges

HMD

Harvesting machines (not specified)

HMX

Miscellaneous gears

MIS

Gear not known

NK

(B)   DEFINITIONS OF FISHING EFFORT MEASURES FOR GEAR CATEGORIES

Three levels of precisions of fishing effort should be provided, where possible.

Category A

Fishing gear

Effort measure

Definitions

Surrounding nets (purse seines)

Number of sets

Number of times the gear has been set or shot, whether or not a catch was made. This measure is appropriate when shoal size and packing is related to stock abundance or sets are made in a random manner

Beach seines

Number of sets

Number of times the gear has been set or shot, whether or not a catch was made

Boat seines

Number of hours fished

Number of times the gear was set or shot times the estimated mean set or shot duration

Trawls

Number of hours

Number of hours during which the trawl was in the water (midwater trawl) or on the bottom (bottom trawl), and fishing

Boat dredges

Number of hours fished

Number of hours during which the dredge was on the bottom and fishing

Gillnets (set or drift)

Number of effort units

Length of nets expressed in 100-metre units multiplied by the number of sets made (= accumulated total length in metres of net used in a given time divided by 100)

Gillnets (fixed)

Number of effort units

Length of net expressed in 100-metre units multiplied by the number of times the net was cleared

Traps (uncovered pound nets)

Number of effort units

Number of days fished times the number of units hauled

Covered pots and fyke nets

Number of effort units

Number of lifts times the number of units (= total number of units fished in a given time period)

Longlines (set or drift)

Thousands of hooks

Number of hooks fished in a given time period divided by 1 000

Handlines (pole, troll, jig, etc.)

Number of line days

Total number of lines used in a given time period

Harpoons

 

(Report effort levels B and C only)

Category B

Numbers of days fished: the number of days on which fishing took place. For those fisheries in which searching is a substantial part of the fishing operation, days in which searching but no fishing took place should be included in ‘days fished’ data.

Category C

For number of days on ground in addition to days fished and searching also all other days while the vessel was on the ground should be included.

Per cent of estimated effort (prorated effort)

Since corresponding effort measures may not be available for the total catch, the percentage of the effort that has been estimated should be indicated. This is calculated from:

(((Total catch) - (Catch for which effort has been recorded)) × 100)/(Total catch)

(C)   VESSEL SIZE CATEGORIES

(from the International Standard Statistical Classification of Fishing Vessels (ISSCFV))

Tonnage classes

Gross tonnage category

Code

0-49,9

02

50-149,9

03

150-499,9

04

500-999,9

05

1 000-1 999,9

06

2 000-99 999,9

07

Not known

00

(D)   MAIN SPECIES SOUGHT

This is the species to which the fishing was principally directed. However, it may not correspond with the species which formed the greater part of the catch. The species should be indicated using the 3-alpha identifier (see Annex I).


ANNEX V

FORMAT FOR THE SUBMISSION OF DATA ON MAGNETIC MEDIA

(A)   MAGNETIC MEDIA

Computer tapes:

Nine-track with a density of 1600 or 6250-BPI and EBCDIC of ASCII coding, preferably labelled. If labelled, an end-of-file code should be included.

Floppy disks:

MS-DOS-formatted, 3,5″ 720 K or 1,4 MB disks or 5,25″ 360 K or 1,2 MB disks.

(B)   CODING FORMAT

For submissions pursuant to Article 2(1)(a)

Byte Nos

Item

Remarks

1 to 4

Country (ISO 3-alpha code)

e.g. FRA = France

5 to 6

Year

e.g. 90 = 1990

7 to 8

FAO major fishing area

21 = north-west Atlantic

9 to 15

Division

e.g. 3 Pn = NAFO sub-division 3 Pn

16 to 18

Species

3-alpha identifier

19 to 26

Catch

tonnes

For submissions pursuant to Article 2(1)(b)

Byte Nos

Item

Remarks

1 to 4

Country

ISO 3-alpha code (e.g. FRA = France)

5 to 6

Year

e.g. 94 = 1994

7 to 8

Month

e.g. 01 = January

9 to 10

FAO major fishing area

21 = north-west Atlantic

11 to 18

Division

e.g. 3 Pn = NAFO sub-division 3 Pn: alpha-numeric

19 to 21

Main species sought

3-alpha identifier

22 to 26

Vessel/gear category

ISSCFG code (e.g. OTB2 = Bottom otter trawl): alpha-numeric

27 to 28

Vessel size class

ISSCFV code (e.g. 04 = 150-499.9 GT): alpha-numeric

29 to 34

Average gross tonnage

Tonnes: numeric

35 to 43

Average engine power

Kilowatts: numeric

44 to 45

Percentage effort estimated

Numeric

46 to 48

Unit

3-alpha identifier of species or effort identifier (e.g. COD = Atlantic cod A— = Effort measure A)

49 to 56

Data

Catch (in metric tonnes) or effort unit

Notes

(a)

All numeric fields should be right justified with leading blanks. All alphanumeric fields should be left justified with trailing blanks.

(b)

The catch is to be recorded in the live weight equivalent of the landings to the nearest metric tonne.

(c)

Quantities (bytes 49 to 56) of less than half a unit should be recorded as ‘-1’.

(d)

Unknown quantities (bytes 49 to 56) should be recorded as ‘-2’.

(e)

Country codes (ISO codes):

Austria

AUT

Belgium

BEL

Bulgaria

BGR

Cyprus

CYP

Czech Republic

CZE

Germany

DEU

Denmark

DNK

Spain

ESP

Estonia

EST

Finland

FIN

France

FRA

United Kingdom

GBR

England & Wales

GBRA

Scotland

GBRB

Northern Ireland

GBRC

Greece

GRC

Hungary

HUN

Ireland

IRL

Iceland

ISL

Italy

ITA

Lithuania

LTU

Luxembourg

LUX

Latvia

LVA

Malta

MLT

Netherlands

NLD

Norway

NOR

Poland

POL

Portugal

PRT

Romania

ROU

Slovakia

SVK

Slovenia

SVN

Sweden

SWE

Turkey

TUR


ANNEX VI

FORMAT FOR THE SUBMISSION OF DATA ON MAGNETIC MEDIA

A.   CODING FORMAT

For submissions pursuant to Article 2(1)(a)

The data should be submitted as variable length records with a colon (:) between the fields of the record. The following fields should be included in each record:

Field

Remarks

Country

ISO 3-alpha code (e.g. FRA = France)

Year

e.g. 2001 or 01

FAO major fishing area

21 = north-west Atlantic

Division

e.g. 3 Pn = NAFO subdivision 3 Pn

Species

3-alpha identifier

Catch

Tonnes

For submissions pursuant to Article 2(1)(b)

The data should be submitted as variable length records with a colon (:) between the fields of the record. The following fields should be included in each record:

Field

Remarks

Country

ISO 3-alpha code (e.g. FRA = France)

Year

e.g. 0001 or 2001 for the year 2001

Month

e.g. 01 = January

FAO major fishing area

21 = north-west Atlantic

Division

e.g. 3 Pn = NAFO subdivision 3 Pn

Main species sought

3-alpha identifier

Vessel/gear category

ISSCFG code (e.g. 0TB2 = bottom otter trawl)

Vessel size class

ISSCFV code (e.g. 04 = 150-499,9 GT):

Average gross tonnage

Tonnes

Average engine power

Kilowatts

Percentage effort estimated

Numeric

Unit

3-alpha identifier of species or effort identifier (e.g. COD = Atlantic cod or A = effort measure A)

Data

Catch (in metric tonnes) or effort unit

(a)

The catch is to be recorded in the live weight equivalent of the landings.

(b)

Country codes:

Austria

AUT

Belgium

BEL

Bulgaria

BGR

Cyprus

CYP

Czech Republic

CZE

Germany

DEU

Denmark

DNK

Spain

ESP

Estonia

EST

Finland

FIN

France

FRA

United Kingdom

GBR

England and Wales

GBRA

Scotland

GBRB

Northern Ireland

GBRC

Greece

GRC

Hungary

HUN

Ireland

IRL

Iceland

ISL

Italy

ITA

Lithuania

LTU

Luxemburg

LUX

Latvia

LVA

Malta

MLT

Netherlands

NLD

Norway

NOR

Poland

POL

Portugal

PRT

Romania

ROU

Slovak Republic

SVK

Slovenia

SVN

Sweden

SWE

Turkey

TUR

B.   METHOD OF TRANSMISSION OF THE DATA TO THE EUROPEAN COMMISSION

As far as is possible, the data should be transmitted in an electronic format (for example as an e-mail attachment).

Failing this, the submission of a file on a 3,5" HD floppy disk will be accepted.


ANNEX VII

Repealed Regulation with list of its successive amendments

Council Regulation (EEC) No 2018/93

(OJ L 186, 28.7.1993, p. 1)

 

Point X.6 of Annex I to the 1994 Act of Accession

(OJ C 241, 29.8.1994, p. 189)

 

Commission Regulation (EC) No 1636/2001

(OJ L 222, 17.8.2001, p. 1)

 

Regulation (EC) No 1882/2003 of the European Parliament and of the Council

(OJ L 284, 31.10.2003, p. 1)

Article 3 and point 44 of Annex III only

Point 10.9 of Annex II to the 2003 Act of Accession

(OJ L 236, 23.9.2003, p. 571)

 


ANNEX VIII

Correlation table

Regulation (EEC) No 2018/93

This Regulation

Article 1

Article 1

Article 2

Article 2

Article 3

Article 3

Article 4

Article 4

Article 5

Article 5

Article 6(1) and (2)

Article 6(1) and (2)

Article 6(3)

Article 7(1)

Article 7(1)

Article 7(2)

Article 7(2)

Article 7(3)

Article 7(4)

Article 7(3)

Article 8

Article 8

Article 9

Article 9

Annex I

Annex I

Annex II

Annex II

Annex III

Annex III

Annex IV

Annex IV

Annex V

Annex V

Annex VI

Annex VII

Annex VIII


31.3.2009   

EN

Official Journal of the European Union

L 87/70


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)

(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,

Having regard to the opinion of the Statistical Programme Committee,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (1),

Whereas:

(1)

Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (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)

The management of the Community's fishery resources requires accurate and timely statistics on the catches by Member States' vessels fishing in the north-east Atlantic.

(3)

The Convention on Future Multilateral Cooperation in the North-East Atlantic Fisheries, approved by Council Decision 81/608/EEC (4) and establishing the North-East Atlantic Fisheries Commission, requires the Community to supply that Commission with the available statistics that it may request.

(4)

Advice received from the International Council for the Exploration of the Sea under the Cooperation Agreement between that organisation and the Community (5) will be enhanced by the availability of statistics on the activities of the Community fishing fleet.

(5)

The Convention for the Conservation of Salmon in the North Atlantic Ocean, approved by Council Decision 82/886/EEC (6) and establishing the North Atlantic Salmon Conservation Organisation (Nasco), requires the Community to supply Nasco with the available statistics that it may request.

(6)

Several Member States have requested the submission of data in a different form or through a different medium from that specified in Annex IV (the equivalent of the Statlant questionnaires).

(7)

There is a need for fuller definitions and descriptions used in fishery statistics and in the management of the fisheries of the north-east Atlantic.

(8)

The measures necessary for the implementation of this Regulation 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 (7).

(9)

In particular, the Commission should be empowered to adapt the lists of species and statistical fishing regions, the descriptions of those fishing regions and the permitted degree of aggregation of data. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC,

HAVE ADOPTED THIS REGULATION:

Article 1

Each Member State shall submit to the Commission data on the annual nominal catches by vessels registered in or flying the flag of that Member State fishing in the north-east Atlantic.

The nominal catch data shall include all fishery products landed or transhipped at sea in no matter what form but shall exclude quantities which, subsequent to capture, are discarded at sea, consumed on board or used as bait on board. Aquaculture production shall be excluded. The data shall be recorded as the live weight equivalent of the landings or transhipments, to the nearest tonne.

Article 2

1.   The data to be submitted shall be the nominal catches of each of the species listed in Annex I in each of the statistical fishing regions listed in Annex II and defined in Annex III.

2.   The data for each calendar year shall be submitted within six months of the end of the year. No submissions shall be required for species/fishing region combinations for which no catches were recorded in the annual period of the submission. The data for species of minor importance in a Member State need not be individually identified in the submissions but may be included in an aggregated item provided that the weight of the products thus recorded does not exceed 10 % by weight of the total catch in that Member State in that month.

3.   The Commission may amend the lists of species and statistical fishing regions, the descriptions of those fishing regions and the permitted degree of aggregation of data.

Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 5(2).

Article 3

Except where provisions adopted under the common fisheries policy dictate otherwise, a Member State shall be permitted to use sampling techniques to derive catch data for those parts of the fishing fleet for which the complete coverage of the data would involve the excessive application of administrative procedures. The details of the sampling procedures, together with details of the proportion of the total data derived by such techniques, must be included by the Member State in the report submitted pursuant to Article 6(1).

Article 4

Member States shall fulfil their obligations to the Commission pursuant to Articles 1 and 2 by submitting the data on magnetic medium, the format of which is given in Annex IV.

Member States may submit data in the format detailed in Annex V.

With the prior approval of the Commission, Member States may submit data in a different form or on a different medium.

Article 5

1.   The Commission shall be assisted by the Standing Committee for Agricultural Statistics, set up by Council Decision 72/279/EEC (8), hereinafter referred to as ‘the Committee’.

2.   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.

Article 6

1.   By 1 January 1993 Member States shall submit a detailed report to the Commission describing how the data on catches are derived and specifying the degree of representativeness and reliability of those data. The Commission, in collaboration with the Member States, shall draw up a summary of those reports.

2.   Member States shall inform the Commission of any modifications to the information provided under paragraph 1 within three months of their introduction.

3.   Methodological reports, data availability and data reliability referred to in paragraph 1 and other relevant issues connected with the application of this Regulation shall be examined once a year within the competent Working Party of the Committee.

Article 7

1.   Regulation (EEC) No 3880/91 is hereby repealed.

2.   References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VII.

Article 8

This Regulation shall enter into force on the 20th day following 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 Strasbourg, 11 March 2009.

For the European Parliament

The President

H.-G. PÖTTERING

For the Council

The President

A. VONDRA


(1)  Opinion of the European Parliament of 17 June 2008 (not yet published in the Official Journal) and Council Decision of 26 February 2009.

(2)  OJ L 365, 31.12.1991, p. 1.

(3)  See Annex VI.

(4)  OJ L 227, 12.8.1981, p. 21.

(5)  Arrangement in the form of an Exchange of Letters between the European Economic Community and the International Council for the Exploration of the Sea (OJ L 149, 10.6.1987, p. 14).

(6)  OJ L 378, 31.12.1982, p. 24.

(7)  OJ L 184, 17.7.1999, p. 23.

(8)  OJ L 179, 7.8.1972, p. 1.


ANNEX I

List of species which have been reported in the commercial catch statistics for the north-east Atlantic

Member States must report the nominal catches of those species marked with an asterisk (*). The reporting of nominal catches of the remaining species is optional as concerns the identification of the individual species. However, where data for individual species are not submitted the data shall be included in aggregate categories. Member States may submit data for species not in the list provided that the species are clearly identified.

Note

:

‘n.e.i.’ is the abbreviation for ‘not elsewhere identified’.

English name

3-alpha identifier

Scientific name

Freshwater breams n.e.i.

FBR

Abramis spp.

Ide (Orfe)

FID

Leuciscus (= Idus) idus

Roach

FRO

Rutilus rutilus

Common carp

FCP

Cyprinus carpio

Crucian carp

FCC

Carassius carassius

Tench

FTE

Tinca tinca

Cyprinids n.e.i.

FCY

Cyprinidae

Northern pike

FPI

Esox lucius

Pike-perch

FPP

Sander lucioperca

European perch

FPE

Perca fluviatilis

Burbot

FBU

Lota lota

Freshwater fishes n.e.i.

FRF

ex Osteichthyes

Sturgeons n.e.i.

STU

Acipenseridae

European eel

ELE (*)

Anguilla anguilla

Vendace

FVE

Coregonus albula

Whitefishes n.e.i.

WHF

Coregonus spp.

Atlantic salmon

SAL (*)

Salmo salar

Sea trout

TRS

Salmo trutta trutta

Trouts n.e.i.

TRO

Salmo spp.

Chars n.e.i.

CHR

Salvelinus spp.

European smelt

SME

Osmerus eperlanus

Salmonids n.e.i.

SLZ

Salmonidae

European whitefish

PLN

Coregonus lavaretus

Houting

HOU

Coregonus oxyrinchus

Lampreys

LAM

Petromyzon spp.

Allis and twaite shads

SHD

Alosa alosa, A. fallax

Diadromous clupeoids n.e.i.

DCX

Clupeoidei

Diadromous fishes n.e.i.

DIA

ex Osteichthyes

Megrim n.e.i.

MEG (*)

Lepidorhombus whiffiagonis

Fourspot megrim

LDB

Lepidorhombus boscii

Megrims n.e.i.

LEZ (*)

Lepidorhombus spp.

Turbot

TUR (*)

Psetta maxima

Brill

BLL (*)

Scophthalmus rhombus

Atlantic halibut

HAL (*)

Hippoglossus hippoglossus

European plaice

PLE (*)

Pleuronectes platessa

Greenland halibut

GHL (*)

Reinhardtius hippoglossoides

Witch flounder

WIT (*)

Glyptocephalus cynoglossus

Long-rough dab

PLA (*)

Hippoglossoides platessoides

Common dab

DAB (*)

Limanda limanda

Lemon sole

LEM (*)

Microstomus kitt

European flounder

FLE (*)

Platichthys flesus

Common sole

SOL (*)

Solea solea

Sand sole

SOS

Pegusa lascaris

Senegalese sole

OAL

Solea senegalensis

SOO Soles spp.

SOO (*)

Solea spp.

Flatfishes n.e.i.

FLX

Pleuronectiformes

Tusk (= cusk)

USK (*)

Brosme brosme

Atlantic cod

COD (*)

Gadus morhua

European hake

HKE (*)

Merluccius merluccius

Ling

LIN (*)

Molva molva

Blue ling

BLI (*)

Molva dypterygia (= byrkelange)

Greater forkbeard

GFB

Phycis blennoides

Haddock

HAD (*)

Melanogrammus aeglefinus

Wachna cod (= navaga)

COW

Eleginus nawaga

Saithe (= pollock = coalfish)

POK (*)

Pollachius virens

Pollack

POL (*)

Pollachius pollachius

Polar cod

POC

Boreogadus saida

Norway pout

NOP (*)

Trisopterus esmarkii

Pouting (= bib)

BIB

Trisopterus luscus

Blue whiting (= poutassou)

WHB (*)

Micromesistius poutassou

Whiting

WHG (*)

Merlangius merlangus

Roundnose grenadier

RNG

Coryphaenoides rupestris

Morid cods

MOR

Moridae

Poor cod

POD

Trisopterus minutus

Greenland cod

GRC

Gadus ogac

Arctic cod

ATG

Arctogadus glacialis

Gadiformes n.e.i.

GAD

Gadiformes

Greater argentine

ARU

Argentina silus

Argentine

ARY

Argentina sphyraena

Argentines

ARG

Argentina spp.

European conger

COE

Conger conger

Atlantic John Dory

JOD

Zeus faber

Sea bass

BSS

Dicentrarchus labrax

Dusky grouper

GPD

Epinephelus marginatus

Wreckfish

WRF

Polyprion americanus

Sea basses, sea perches

BSX

Serranidae

Grunts n.e.i.

GRX

Haemulidae (= Pomadasyidae)

Meagre

MGR

Argyrosomus regius

Red (= common) sea bream

SBR

Pagellus bogaraveo

Common pandora

PAC

Pagellus erythrinus

Large-eye dentex

DEL

Dentex macrophthalmus

Dentex n.e.i.

DEX

Dentex spp.

Red porgy

RPG

Pagrus pagrus

Gilthead sea bream

SBG

Sparus aurata

Bogue

BOG

Boops boops

Porgies, sea breams n.e.i.

SBX

Sparidae

Red mullet

MUR

Mullus surmuletus

Greater weaver

WEG

Trachinus draco

Atlantic wolf-fish (= catfish)

CAA (*)

Anarhichas lupus

Spotted wolf-fish

CAS (*)

Anarhichas minor

Eel-pout

ELP

Zoarces viviparus

Sand eels (= sand lances)

SAN (*)

Ammodytes spp.

Atlantic gobies

GOB

Gobius spp.

Atlantic redfishes

RED (*)

Sebastes spp.

Scorpion fishes n.e.i.

SCO

Scorpaenidae

Gurnards n.e.i.

GUX (*)

Triglidae

Lumpfish (= lumpsucker)

LUM

Cyclopterus lumpus

Monk (= anglerfish)

MON (*)

Lophius piscatorius

Blackbellied angler

ANK

Lophius budegassa

Monkfishes n.e.i.

MNZ (*)

Lophius spp.

Sticklebacks

SKB

Gasterosteus spp.

Axillary (= Spanish) seabream

SBA

Pagellus acarne

Common dentex

DEC

Dentex dentex

Snipe fishes

SNI

Macroramphosidae

Striped bass

STB

Morone saxatilis

Wolf-fishes (= catfishes) n.e.i.

CAT (*)

Anarhichas spp.

Beaked redfish

REB (*)

Sebastes mentella

Golden redfish

REG (*)

Sebastes marinus

Red gurnard

GUR (*)

Aspitrigla (= Trigla) cuculus

Grey gurnard

GUG (*)

Eutrigla (= Trigla) gurnardus

Long-finned gurnard

GUM

Chelidonichthys obscurus

Streaked gurnard

CTZ

Trigloporus lastoviza

Red bandfish

CBC

Cepola macrophthalma

St Paul's fingerfin

TLD

Nemadactylus monodactylus

Bichique

IYL

Sicyopterus lagocephalus

Black cardinal fish

EPI

Epigonus telescopus

Mediterranean slimehead

HPR

Hoplostethus mediterraneus

Spiny scorpionfish

TZY

Trachyscorpia echinata

Ballan wrasse

USB

Labrus bergylta

Brown wrasse

WRM

Labrus merula

Splendid alfonsino

BYS

Beryx splendens

Demersal percomorphs n.e.i.

DPX

Perciformes

Capelin

CAP (*)

Mallotus villosus

Garfish

GAR

Belone belone

Atlantic saury

SAU

Scomberesox saurus

Mullets n.e.i.

MUL

Mugilidae

Bluefish

BLU

Pomatomus saltatrix

Atlantic horse mackerel

HOM (*)

Trachurus trachurus

Blue jack mackerel

JAA

Trachurus picturatus

Mediterranean horse mackerel

HMM

Trachurus mediterraneus

Jack and horse mackerels n.e.i.

JAX (*)

Trachurus spp.

Leerfish

LEE

Lichia amia

Atlantic pomfret

POA

Brama brama

Silversides (= sandsmelt)

SIL

Atherinidae

Pelagic percomorphs n.e.i.

PPX

Perciformes

Atlantic herring

HER (*)

Clupea harengus

Sardinellas n.e.i.

SIX

Sardinella spp.

European sardine (= pilchard)

PIL (*)

Sardina pilchardus

Sprat

SPR (*)

Sprattus sprattus

European anchovy

ANE (*)

Engraulis encrasicolus

Clupeoids n.e.i.

CLU

Clupeoidei

Atlantic bonito

BON

Sarda sarda

Swordfish

SWO

Xiphias gladius

Frigate tuna

FRI

Auxis thazard

Northern bluefin tuna

BFT

Thunnus thynnus

Albacore

ALB

Thunnus alalunga

Yellowfin tuna

YFT

Thunnus albacares

Skipjack tuna

SKJ

Katsuwonus pelamis

Bigeye tuna

BET

Thunnus obesus

Tuna-like fishes n.e.i.

TUX

Scombroidei

Chub mackerel

MAS (*)

Scomber japonicus

Atlantic mackerel

MAC (*)

Scomber scombrus

Mackerels n.e.i.

MAX

Scombridae

Silver scabbardfish

SFS

Lepidopus caudatus

Black scabbardfish

BSF

Aphanopus carbo

Mackerel-like fishes n.e.i.

MKX

Scombroidei

Porbeagle

POR (*)

Lamna nasus

Basking shark

BSK

Cetorhinus maximus

Picked (= spiny) dogfish

DGS (*)

Squalus acanthias

Greenland shark

GSK

Somniosus microcephalus

Dogfish sharks n.e.i.

DGX (*)

Squalidae

Skates n.e.i.

SKA (*)

Raja spp.

Dogfishes and hounds

DGH (*)

Squalidae, Scyliorhinidae

Various sharks n.e.i.

SKH

Selachimorpha (Pleurotremata)

Crest-tail catsharks n.e.i.

GAU

Galeus spp.

Blackmouth catshark

SHO

Galeus melastomus

Small-spotted catshark

SYC

Scyliorhinus canicula

Deep-water catsharks

API

Apristurus spp.

False catshark

PTM

Pseudotriakis microdon

Little sleeper shark

SOR

Somniosus rostratus

Gulper shark

GUP

Centrophorus granulosus

Little gulper shark

CPU

Squalus uyato

Leafscale gulper shark

GUQ

Centrophorus squamosus

Lowfin gulper shark

CPL

Centrophorus lusitanicus

Velvet belly

ETX

Etmopterus spinax

Great lanternshark

ETR

Etmopterus princeps

Smooth lanternshark

ETP

Etmopterus pusillus

Lantern sharks n.e.i.

SHL

Etmopterus spp.

Deania dogfishes n.e.i.

DNA

Deania spp.

Birdbeak dogfish

DCA

Deania calcea

Portuguese dogfish

CYO

Centroscymnus coelolepis

Longnose velvet dogfish

CYP

Centroselachus crepidater

Shortnose velvet dogfish

CYY

Centroscymnus cryptacanthus

Smallmouth knifetooth dogfish

SYO

Scymnodon obscurus

Knifetooth dogfish

SYR

Scymnodon ringens

Kitefin shark

SCK

Dalatias licha

Black dogfish

CFB

Centroscyllium fabricii

Angular roughshark

OXY

Oxynotus centrina

Sailfin roughshark

OXN

Oxynotus paradoxus

Bramble shark

SHB

Echinorhinus brucus

Rays and skates n.e.i.

RAJ

Rajidae

Starry ray

RJR

Amblyraja radiata

Blonde ray

RJH

Raja brachyura

Sandy ray

RJI

Leucoraja circularis

Small-eyed ray

RJE

Raja microocellata

Undulate ray

RJU

Raja undulata

White skate

RJA

Rostroraja alba

Round ray

RJY

Rajella fyllae

Rabbit fish

CMO

Chimaera monstrosa

Ratfishes n.e.i.

HYD

Hydrolagus spp.

Knife-nosed chimaeras

RHC

Rhinochimaera spp.

Longnose chimaeras

HAR

Harriotta spp.

Cartilaginous fishes n.e.i.

CAR

Chondrichthyes

Groundfishes n.e.i.

GRO

ex Osteichthyes

Pelagic fishes n.e.i.

PEL

ex Osteichthyes

Marine fishes n.e.i.

MZZ

ex Osteichthyes

Finfishes n.e.i.

FIN

ex Osteichthyes

Edible crab

CRE (*)

Cancer pagurus

Green crab

CRG

Carcinus maenas

Spinous spider crab

SCR

Maja squinado

Marine crabs n.e.i.

CRA

Brachyura

Swimcrabs n.e.i.

CRS

Portunus spp.

Palinurid spiny lobsters n.e.i.

CRW (*)

Palinurus spp.

European lobster

LBE (*)

Homarus gammarus

Norway lobster

NEP (*)

Nephrops norvegicus

Common prawn

CPR (*)

Palaemon serratus

Northern prawn

PRA (*)

Pandalus borealis

Common shrimp

CSH (*)

Crangon crangon

Penaeus shrimps n.e.i.

PEN (*)

Penaeus spp.

Palaemonid shrimps

PAL (*)

Palaemonidae

Pink (= pandalid) shrimps

PAN (*)

Pandalus spp.

Crangonid shrimps

CRN (*)

Crangonidae

Natantian decapods n.e.i.

DCP

Natantia

Goose barnacles

GOO

Lepas spp.

Rockpool prawn

PNQ

Palaemon elegans

Delta prawn

PIQ

Palaemon longirostris

St Paul rock lobster

JSP

Jasus paulensis

Lobsters n.e.i.

LOX

Reptantia

Craylets, squat lobsters n.e.i.

LOQ

Galatheidae

Marine crustaceans n.e.i.

CRU

ex Crustacea

Whelk

WHE

Buccinum undatum

Periwinkle

PEE

Littorina littorea

Periwinkles n.e.i.

PER

Littorina spp.

European flat oyster

OYF (*)

Ostrea edulis

Pacific cupped oyster

OYG

Crassostrea gigas

Cupped oyster n.e.i.

OYC (*)

Crassostrea spp.

Blue mussel

MUS (*)

Mytilus edulis

Sea mussels n.e.i.

MSX

Mytilidae

Common scallop

SCE (*)

Pecten maximus

Queen scallop

QSC (*)

Aequipecten opercularis

Scallops n.e.i.

SCX (*)

Pectinidae

Common cockle

COC

Cerastoderma edule

Grooved carpet shell

CTG

Ruditapes decussatus

Ocean quahog

CLQ

Arctica islandica

Clams n.e.i.

CLX

Bivalvia

Razor clams

RAZ

Solen spp.

Carpet shell

CTS

Venerupis pullastra

Striped venus

SVE

Chamelea gallina

Venus clams n.e.i.

CLV

Veneridae

Mactra surf clams n.e.i.

MAT

Mactridae

Chamber venus

KFA

Circomphalus casina

Common European bittersweet

GKL

Glycymeris glycymeris

Donax clams

DON

Donax spp.

Cockles n.e.i.

COZ

Cardiidae

Norwegian egg cockle

LVC

Laevicardium crassum

Limpets n.e.i.

LPZ

Patella spp.

Abalones n.e.i.

ABX

Haliotis spp.

Gastropods n.e.i.

GAS

Gastropoda

Oval surf clam

ULV

Spisula ovalis

Tellins n.e.i.

TWL

Tellina spp.

Common cuttlefish

CTC (*)

Sepia officinalis

Common squids

SQC (*)

Loligo spp.

Short-finned squid

SQI (*)

Illex illecebrosus

Octopuses n.e.i.

OCTs

Octopodidae

Squids n.e.i.

SQU (*)

Loliginidae, Ommastrephidae

Cuttlefishes n.e.i.

CTL (*)

Sepiidae, Sepiolidae

European flying squid

SQE (*)

Todarodes sagittatus

Cephalopods n.e.i.

CEP

Cephalopoda

Marine molluscs n.e.i.

MOL

ex Mollusca

Starfish

STH

Asterias rubens

Starfishes n.e.i.

STF

Asteroidea

Sea urchin

URS

Echinus esculentus

Stony sea urchin

URM

Paracentrotus lividus

Sea urchins n.e.i.

URX

Echinoidea

Sea cucumbers n.e.i.

CUX

Holothuroidea

Echinoderms n.e.i.

ECH

Echinodermata

Grooved sea squirt

SSG

Microcosmus sulcatus

Sea squirts n.e.i.

SSX

Ascidiacea

Horseshoe crab

HSC

Limulus polyphemus

Aquatic invertebrates n.e.i.

INV

ex Invertebrata

Brown seaweeds

SWB

Phaeophyceae

Carragheen

IMS

Chondrus crispus

Gelidium spp.

GEL

Gelidium spp.

Gigartina spp.

GIG

Gigartina spp.

Lithothamnium spp.

LIT

Lithothamnium spp.

Red seaweeds

SWR

Rhodophyceae

Wracks n.e.i.

UCU

Fucus spp.

North Atlantic rockweed

ASN

Ascophyllum nodosum

Toothed wrack

FUU

Fucus serratus

Sea lettuce

UVU

Ulva lactuca

Seaweeds n.e.i.

SWX

ex Algae


ANNEX II

Statistical fishing regions of the north-east Atlantic for which data are to be submitted

ICES division Ia

ICES division Ib

ICES subdivision IIa 1

ICES subdivision IIa 2

ICES subdivision IIb 1

ICES subdivision IIb 2

ICES division IIIa

ICES division IIIb, c

ICES division IVa

ICES division IVb

ICES division IVc

ICES subdivision Va 1

ICES subdivision Va 2

ICES subdivision Vb 1a

ICES subdivision Vb 1b

ICES subdivision Vb 2

ICES division VIa

ICES subdivision VIb 1

ICES subdivision VIb 2

ICES division VIIa

ICES division VIIb

ICES subdivision VIIc 1

ICES subdivision VIIc 2

ICES division VIId

ICES division VIIe

ICES division VIIf

ICES division VIIg

ICES division VIIh

ICES subdivision VIIj 1

ICES subdivision VIIj 2

ICES subdivision VIIk 1

ICES subdivision VIIk 2

ICES division VIIIa

ICES division VIIIb

ICES division VIIIc

ICES subdivision VIIId 1

ICES subdivision VIIId 2

ICES subdivision VIIIe 1

ICES subdivision VIIIe 2

ICES division IXa

ICES subdivision IXb 1

ICES subdivision IXb 2

ICES subdivision Xa 1

ICES subdivision Xa 2

ICES division Xb

ICES subdivision XIIa 1

ICES subdivision XIIa 2

ICES subdivision XIIa 3

ICES subdivision XIIa 4

ICES division XIIb

ICES division XIIc

ICES division XIVa

ICES subdivision XIVb 1

ICES subdivision XIVb 2

BAL 22

BAL 23

BAL 24

BAL 25

BAL 26

BAL 27

BAL 28-1

BAL 28-2

BAL 29

BAL 30

BAL 31

BAL 32

Notes

1.

Those statistical fishing regions preceded by ‘ICES’ have been identified and defined by the International Council for the Exploration of the Sea.

2.

Those statistical fishing regions preceded by ‘BAL’ have been identified and defined by the International Baltic Sea Fishery Commission.

3.

Data should be submitted so as to include as much detail as possible. ‘Unknown’ and aggregate regions should only be used where the detailed information is not available. Where detailed information is submitted the aggregate categories should not be used.

Statistical fishing regions of the north-east Atlantic

Image

Image

Image


ANNEX III

Description of the ICES sub areas and divisions used for the purpose of fishery statistics and regulations in the north-east Atlantic

ICES statistical area (north-east Atlantic)

All waters of the Atlantic and Arctic Oceans and their dependent seas bounded by a line from the geographic North Pole along the meridian of 40o00′ west to the north coast of Greenland; then in an easterly and southerly direction along the coast of Greenland to a point at 44o00′ west; then due south to 59o00′ north; then due east to 42o00′ west; then due south to 36o00′ north; then due east to a point on the coast of Spain (Punta Marroqui isthmus) at 5o36′ west; then in a north-westerly and northerly direction along the south-west coast of Spain, the coast of Portugal, the north-west and north coasts of Spain, and the coasts of France, Belgium, the Netherlands and Germany to the western terminus of its boundary with Denmark; then along the west coast of Jutland to Thyboroen; then in a southerly and easterly direction along the south coast of the Limfjord to Egensekloster Point; then in a southerly direction along the east coast of Jutland to the eastern terminus of the boundary of Denmark with Germany; then along the coast of Germany, Poland, Russia, Lithuania, Latvia, Estonia, Russia, Finland, Sweden and Norway, and the north coast of Russia to Khaborova; then across the western entry of the Strait of Yugorskiy Shar; then in a westerly and northerly direction along the coast of Vaigach Island; then across the western entry of the Strait off the Karskiye Vorota; then west and north along the coast of the south island of Novaya Zemlya; then across the western entry of the Strait of Matochkin Shar; then along the west coast of the north island of Novaya Zemlya to a point at 68o30′ east; then due north to the geographic North Pole.

This area also represents statistical area 27 (north-east Atlantic statistical area) in the FAO International Standard Statistical Classification of Fishing Areas.

ICES statistical subarea I

The waters bounded by a line from the geographic North Pole along the meridian of 30o00′ east to 72o00′ north; then due west to 26o00′ east; then due south to the coast of Norway; then in an easterly direction along the coasts of Norway and Russia to Khaborova; then across the western entry of the Strait of Yugorskiy Shar; then in a westerly and northerly direction along the coast of Vaigach Island; then across the western entry of the Strait off the Karskiye Vorota; then west and north along the coast of the south island of Novaya Zemlya; then across the western entry of the Strait of Matochkin Shar; then along the west coast of the north island of Novaya Zemlya to a point at 68o30′ east; then due north to the geographic North Pole.

ICES statistical division Ia,

That part of subarea I enclosed by the line joining the following coordinates:

Latitude

Longitude

73,98 N

33,70 E

74,18 N

34,55 E

74,36 N

35,28 E

74,71 N

36,38 E

75,14 N

37,57 E

75,45 N

38,31 E

75,84 N

39,05 E

76,26 N

39,61 E

76,61 N

41,24 E

76,96 N

42,81 E

76,90 N

43,06 E

76,75 N

44,48 E

75,99 N

43,51 E

75,39 N

43,18 E

74,82 N

41,73 E

73,98 N

41,56 E

73,17 N

40,66 E

72,20 N

40,51 E

72,26 N

39,76 E

72,62 N

38,96 E

73,04 N

37,74 E

73,37 N

36,61 E

73,56 N

35,70 E

73,98 N

33,70 E

ICES statistical division Ib,

That part of subarea I outside of division Ia.

ICES statistical subarea II

The waters bounded by a line from the geographic North Pole along the meridian of 30o00′ east to 72o00′ north; then due west to 26o00′ east; then due south to the coast of Norway; then in a westerly and south-westerly direction along the coast of Norway to 62o00′ north; then due west to 4o00′ west; then due north to 63o00′ north; then due west to 11o00′ west; then due north to the geographic North Pole.

ICES statistical division IIa,

The waters bounded by a line beginning at a point on the coast of Norway at 62o00′ north; then due west to 4o00′ west; then due north to 63o00′ north; then due west to 11o00′ west; then due north to 72o30′ north; then due east to 30o00′ east; then due south to 72o00′ north; then due west to 26o00′ east; then due south to the coast of Norway; then in a westerly and south-westerly direction along the coast of Norway to the point of beginning.

ICES statistical subdivision IIa 1,

That part of division IIa within the line joining the following coordinates:

Latitude

Longitude

73,50 N

00,20 W

73,50 N

07,21 E

73,45 N

07,28 E

73,14 N

07,83 E

72,76 N

08,65 E

72,49 N

09,33 E

72,31 N

09,83 E

72,18 N

10,29 E

71,98 N

09,94 E

71,91 N

09,70 E

71,64 N

08,75 E

71,36 N

07,93 E

71,13 N

07,42 E

70,79 N

06,73 E

70,17 N

05,64 E

69,79 N

05,01 E

69,56 N

04,74 E

69,32 N

04,32 E

69,10 N

04,00 E

68,86 N

03,73 E

68,69 N

03,57 E

68,46 N

03,40 E

68,23 N

03,27 E

67,98 N

03,19 E

67,77 N

03,16 E

67,57 N

03,15 E

67,37 N

03,18 E

67,18 N

03,24 E

67,01 N

03,31 E

66,84 N

03,42 E

66,43 N

03,27 E

66,39 N

03,18 E

66,23 N

02,79 E

65,95 N

02,24 E

65,64 N

01,79 E

65,38 N

01,44 E

65,32 N

01,26 E

65,08 N

00,72 E

64,72 N

00,04 E

64,43 N

00,49 W

64,84 N

01,31 W

64,92 N

01,56 W

65,13 N

02,17 W

65,22 N

02,54 W

65,39 N

03,19 W

65,47 N

03,73 W

65,55 N

04,19 W

65,59 N

04,56 W

65,69 N

05,58 W

65,96 N

05,60 W

66,22 N

05,67 W

66,47 N

05,78 W

67,09 N

06,25 W

67,61 N

06,62 W

67,77 N

05,33 W

67,96 N

04,19 W

68,10 N

03,42 W

68,33 N

02,39 W

68,55 N

01,56 W

68,86 N

00,61 W

69,14 N

00,08 E

69,44 N

00,68 E

69,76 N

01,18 E

69,97 N

01,46 E

70,21 N

01,72 E

70,43 N

01,94 E

70,63 N

02,09 E

70,89 N

02,25 E

71,14 N

02,35 E

71,35 N

02,39 E

71,61 N

02,38 E

71,83 N

02,31 E

72,01 N

02,22 E

72,24 N

02,06 E

72,43 N

01,89 E

72,60 N

01,68 E

72,75 N

01,48 E

72,99 N

01,08 E

73,31 N

00,34 E

73,50 N

00,20 W

ICES statistical subdivision IIa 2,

That part of division IIa not falling within subdivision IIa 1.

ICES statistical division IIb,

The waters bounded by a line from the geographic North Pole along the meridian of 30o00′ east to 73o30′ north; then due west to 11o00′ west; then due north to the geographic North Pole.

ICES statistical subdivision IIb 1,

That part of division IIb confined by the following coordinates:

Latitude

Longitude

73,50 N

07,21 E

73,50 N

00,20 W

73,60 N

00,48 W

73,94 N

01,88 W

74,09 N

02,70 W

74,21 N

05,00 W

74,50 N

04,38 W

75,00 N

04,29 W

75,30 N

04,19 W

76,05 N

04,30 W

76,18 N

04,09 W

76,57 N

02,52 W

76,67 N

02,10 W

76,56 N

01,60 W

76,00 N

00,80 E

75,87 N

01,12 E

75,64 N

01,71 E

75,21 N

03,06 E

74,96 N

04,07 E

74,86 N

04,55 E

74,69 N

05,19 E

74,34 N

06,39 E

74,13 N

06,51 E

73,89 N

06,74 E

73,60 N

07,06 E

73,50 N

07,21 E

ICES statistical subdivision IIb 2,

That part of division IIb not falling within subdivision IIb 1.

ICES statistical subarea III

The waters bounded by a line, beginning at a point on the coast of Norway at 7o00′ east; then due south to 57o30′ north; then due east to 8o00′ east; then due south to 57o00′ north; then due east to the coast of Denmark; then along the north-west and east coasts of Jutland to Hals; then across the eastern entrance of the Limfjord to Egensekloster Point; then in a southerly direction along the coast of Jutland to the eastern terminus of the boundary of Denmark and Germany; then along the coasts of Germany, Poland, Russia, Lithuania, Latvia, Estonia, Russia, Finland, Sweden, and Norway to the point of beginning.

ICES statistical division IIIa,

The waters bounded by a line beginning at a point on the coast of Norway at 7o00′ east; then due south to 57o30′ north; then due east to 8o00′ east; then due south to 57o00′ north; then due east to the coast of Denmark; then along the north-west and east coasts of Jutland to Hals; then across the eastern entrance of the Limfjord to Egensekloster Point; then in a southerly direction along the coast of Jutland to Hasenoere Head; then across the Great Belt to Gniben Point; then along the north coast of Zealand to Gilbjerg Head; then across the northern approaches of the Œresund to Kullen on the coast of Sweden; then in an easterly and northerly direction along the west coast of Sweden and the south coast of Norway to the point of beginning.

ICES statistical division IIIb and c,

The waters bounded by a line from Hasenoere Head on the east coast of Jutland to Gniben Point on the west coast of Zealand to Gilbjerg Head; then across the northern approaches of the Œresund to Kullen on the coast of Sweden; then in a southerly direction along the coast of Sweden to Falsterbo Light; then across the southern entrance of the Œresund to Stevns Light; then along the south-east coast of Zealand; then across the eastern entrance of the Storstroem Sound; then along the east coast of the island of Falster to Gedser; then to Darsser Ort on the coast of Germany; then in a south-westerly direction along the coast of Germany and the east coast of Jutland to the point of beginning.

ICES statistical subdivision 22 (BAL 22),

The waters bounded by a line from Hasenoere Head (56o09′ north, 10o44′ east) on the east coast of Jutland to Gniben Point (56o01′ north, 11o18′ east) on the west coast of Zealand; then along the west and south coasts of Zealand to a point at 12o00′ east; then due south to the island of Falster; then along to the east coast of the island of Falster to Gedser Odd (54o34′ north, 11o58′ east); then due east to 12o00′ east; then due south to the coast of Germany; then in a south-westerly direction along the coast of Germany and the east of Jutland to the point of beginning.

ICES statistical subdivision 23 (BAL 23),

The waters bounded by a line from Gilbjerg Head (56o08′ north, 12o18′ east) on the north coast of Zealand to Kullen (56o18′ north, 12o28′ east) on the coast of Sweden; then in a southerly direction along the coast of Sweden to the Falsterbo Light (55o23′ north, 12o50′ east), then through the southern entrance to the Sound to the Stevns Light (55o19′ north, 12o29′ east) on the coast of Zealand; then in a northerly direction along the east coast of Zealand to the point of beginning.

ICES statistical subdivision 24 (BAL 24),

The waters bounded by a line from the Stevns Light (55o19′ north, 12o29′ east) on the east coast of Zealand through the southern entrance to the Sound to the Falsterbo Light (55o23′ north, 12o50′ east) on the coast of Sweden; then along the south coast of Sweden to the Sandhammaren Light (55o24′ north, 14o12′ east); then to the Hammerodde Light (55o18′ north, 14o47′ east) on the north coast of Bornholm; then along the west and south coasts of Bornholm to a point at 15o00′ east; then due south to the coast of Poland; then in a westerly direction along the coasts of Poland and Germany to a point at 12o00′ east; then due north to a point at 54o34′ north, 12o00′ east; then due west to Gedser Odde (54o34′ north, 11o58′ east); then along the east and north coasts of the island of Falster to a point at 12o00′ east; then due north to the south coast of Zealand; then in a westerly and northerly direction along the west coast of Zealand to the point of beginning.

ICES statistical subdivision 25 (BAL 25),

The waters bounded by a line beginning at a point on the east coast of Sweden at 56o30′ north; then due east to the west coast of the island of Œland; then, after passing south of island of Œland to a point on the east coast at 56o30′ north, due east to 18o00′ east; then due south to the coast of Poland; then in a westerly direction along the coast of Poland to a point at 15o00′ east; then due north to the island of Bornholm; then along the south and west coasts of Bornholm to the Hammerodde Light (55o18′ north, 14o47′ east); then to the Sandhammaren Light (55o24′ north, 14o12′ east) on the south coast of Sweden; then in a northerly direction along the east coast of Sweden to the point of beginning.

ICES statistical subdivision 26 (BAL 26),

The waters bounded by a line beginning at a point at 56o30′ north, 18o00′ east; then due east to the west coast of Latvia; then in a southerly direction along the coasts of Latvia, Lithuania, Russia and Poland to a point on the Polish coast at 18o00′ east; then due north to the point of beginning.

ICES statistical subdivision 27 (BAL 27),

The waters bounded by a line beginning at a point on the east mainland coast of Sweden at 59o41′ north, 19o00′ east; then due south to the north coast of the island of Gotland; then in a southerly direction along the west coast of Gotland to a point at 57o00′ north; then due west to 18o00′ east; then due south to 56o30′ north; then due west to the east coast of the island of Œland; then, after passing south of the island of Œland, to a point on its west coast at 56o30′ north; then due west to the coast of Sweden; then in a northerly direction along the east coast of Sweden to the point of beginning.

ICES statistical subdivision 28 (BAL 28),

The waters bounded by a line beginning at a point at 58o30′ north, 19o00′ east; then due east to the west coast of the island of Saaremaa; then, after passing north of the island of Saaremaa, to a point on its east coast at 58o30′ north; then due east to the coast of Estonia; then in a southerly direction along the west coasts of Estonia and Latvia to a point at 56o30′ north, then due west to 18o00′ east; then due north to 57o00′ north; then due east to the west coast of the island of Gotland; then in a northerly direction to a point on the north coast of Gotland at 19o00′ east; then due north to the point of beginning.

ICES statistical subdivision 28-1 (BAL 28,1),

The waters bounded on the west by a line drawn from Ovisi lighthouse (57o34,1234′ north, 21o42,9574′ east) on the west coast of Latvia to the southern Rock of Cape Loode (57o57,4760′ north, 21o58,2789′ east) on the island of Saaremaa, then southwards to the southernmost point of the peninsula of Sõrve and then in a north-eastern direction along the east coast of the island of Saaremaa, and in the north by a line drawn from 58o30,0′ north, 23o13,2′ east to 58o30′ north, 23o41,1′ east.

ICES statistical subdivision 28-2 (BAL 28,2),

That part of subdivision 28 outside of subdivision 28-1.

ICES statistical subdivision 29 (BAL 29),

The waters bounded by a line beginning at a point on the east mainland coast of Sweden at 60o30′ north, then due east to the mainland coast of Finland; then in a southerly direction along the west and south coasts of Finland to a point on the south mainland coast at 23o00′ east; then due south to 59o00′ north; then due east to the mainland coast of Estonia; then in a southerly direction along the west coast of Estonia to a point at 58o30′ north; then due west to the east coast of the island of Saaremaa; then, after passing north of the island of Saaremaa, to a point on its west coast at 58o30′ north; then due west to 19o00′ east; then due north to a point on the east mainland coast of Sweden at 59o41′ north; then in a northerly direction along the east coast of Sweden to the point of beginning.

ICES statistical subdivision 30 (BAL 30),

The waters bounded by a line beginning at a point on the east coast of Sweden at 63o30′ north, then due east to the mainland coast of Finland; then in a southerly direction along the coast of Finland to a point at 60o30′ north; then due west to the mainland coast of Sweden; then in a northerly direction along the east coast of Sweden to the point of beginning.

ICES statistical subdivision 31 (BAL 31),

The waters bounded by a line beginning at a point on the east coast of Sweden at 63o30′ north; then, after passing north of the Gulf of Bothnia, to a point on the west mainland coast of Finland at 63o30′ north; then due west to the point of beginning.

ICES statistical subdivision 32 (BAL 32),

The waters bounded by a line beginning at a point on the south coast of Finland at 23o00′ east; then, after passing east of the Gulf of Finland, to a point on the west coast of Estonia at 59o00′ north; then due west to 23o00′ east; then due north to the point of beginning.

ICES statistical subarea IV

The waters bounded by a line beginning at a point on the coast of Norway at 62o00′ north; then due west to 4o00′ west; then due south to the coast of Scotland; then in an easterly and southerly direction along the coasts of Scotland and England to a point at 51o00′ north; then due east to the coast of France; then in a north-easterly direction along the coasts of France, Belgium, the Netherlands, and Germany to the western terminus of its boundary with Denmark; then along the west coast of Jutland to Thyboroen; then in a southerly and easterly direction along the south coast of the Limfjord to Egensekloster Point; then across the eastern entrance of the Limfjord to Hals; then in a westerly direction along the north coast of the Limfjord to the southernmost point af Agger Tange; then in a northerly direction along the west coast of Jutland to a point at 57o00′ north, then due west to 8o00′ east; then due north to 57o30′ north; then due west to 7o00′ east; then due north to the coast of Norway; then in a north-westerly direction along the coast of Norway to the point of beginning.

ICES statistical division IVa,

The waters bounded by a line beginning at a point on the coast of Norway at 62o00′ north; then due west to 3o00′ west; then due south to the coast of Scotland; then in an easterly and southerly direction along the coast of Scotland to a point at 57o30′ north; then due east to 7o00′ east; then due north to the coast of Norway; then in a north-westerly direction along the coast of Norway to the point of beginning.

ICES statistical division IVb,

The waters bounded by a line beginning at a point on the west coast of Denmark at 57o00′ north; then due west to 8o00′ east; then due north to 57o30′ north; then due west to the coast of Scotland; then in a southerly direction along the coasts of Scotland and England to a point at 53o30′ north; then due east to the coast of Germany; then in a northeasterly direction along the coast of Jutland to Thyboroen; then in a southerly and easterly direction along the south coast of the Limfjord to Egensekloster Point; then across the eastern entrance of the Limfjord to Hals; then in a westerly direction along the north coast of the Limfjord to the southernmost point of Agger Tange; then in a northerly direction along the west coast of Jutland to the point of beginning.

ICES statistical division IVc,

The waters bounded by a line beginning at a point on the west coast of Germany at 53o30′ north; then due west to the coast of England; then in a southerly direction to a point at 51o00′ north; then due east to the coast of France; then in a north-easterly direction along the coasts of France, Belgium, the Netherlands, and Germany to the point of beginning.

ICES statistical subarea V

The waters bounded by a line beginning at a point at 68o00′ north, 11o00′ west; then due west to 27o00′ west; then due south to 62o00′ north; then due east to 15o00′ west; then due south to 60o00′ north; then due east to 5o00′ west; then due north to 60o30′ north; then due east to 4o00′ west; then due north to 63o00′ north; then due west to 11o00′ west; then due north to the point of beginning.

ICES statistical division Va,

The waters bounded by a line beginning at a point at 68o00′ north, 11o00′ west; then due west to 27o00′ west; then due south to 62o00′ north; then due east to 15o00′ west; then due north to 63o00′ north; then due east to 11o00′ west; then due north to the point of beginning.

ICES statistical subdivision Va 1,

The area inside the rectangle defined by the following coordinates:

Latitude

Longitude

63,00 N

24,00 W

62,00 N

24,00 W

62,00 N

27,00 W

63,00 N

27,00 W

63,00 N

24,00 W

ICES statistical subdivision Va 2,

That part of division Va not in subdivision Va 1.

ICES statistical division Vb,

The waters bounded by a line beginning at a point at 63o00′ north, 4o00′ west; then due west to 15o00′ west; then due south to 60o00′ north; then due east to 5o00′ west; then due north to 60o00′ north; then due east to 4o00′ west; then due north to the point of beginning.

ICES statistical subdivision Vb 1,

The waters bounded by a line beginning at a point at 63o00′ north, 4o00′ west; then due west to 15o00′ west; then due south to 60o00′ north; then due east to 10o00′ west; then due north to 61o30′ north; then due east to 8o00′ west; then along a rhumb-line to a point at 61o15′ north, 7o30′ west; then due south to 60o30′ north; then due west to 8o00′ west; then due south to 60o00′ north; then due east to 5o00′ west; then due north to 60o30′ north; then due east to 4o00′ west; then due north to the point of beginning.

ICES statistical subdivision Vb 1a,

That part of subdivision Vb 1 enclosed by the line joining the following coordinates:

Latitude

Longitude

60,49 N

15,00 W

60,71 N

13,99 W

60,15 N

13,29 W

60,00 N

13,50 W

60,00 N

15,00 W

60,49 N

15,00 W

ICES statistical subdivision Vb 1b,

That part of subdivision Vb 1 not within subdivision Vb 1a.

ICES statistical subdivision Vb 2,

The waters bounded by a line beginning at a point at 60o00′ north, 10o00′ west; then due north to 61o30′ north; then due east to 8o00′ west; then along a rhumb-line to a point at 61o15′ north, 7o30′ west; then due south to 60o30′ north; then due west to 8o00′ west; then due south to 60o00′ north; then due west to the point of beginning.

ICES statistical subarea VI

The waters bounded by a line beginning at a point on the north coast of Scotland at 4o00′ west; then due north to 60o30′ north; then due west to 5o00′ west; then due south to 60o00′ north, then due west to 18o00′ west; then due south to 54o30′ north; then due east to the coast of Ireland; then in a northerly and easterly direction along the coasts of Ireland and Northern Ireland to a point on the east coast of Northern Ireland at 55o00′ north; then due east to the coast of Scotland; then in a northerly direction along the west coast of Scotland to the point of beginning.

ICES statistical division VIa,

The waters bounded by a line beginning at a point on the north coast of Scotland at 4o00′ west; then due north to 60o30′ north; then due west to 5o00′ west; then due south to 60o00′ north, then due west to 12o00′ west; then due south to 54o30′ north; then due east to the coast of Ireland; then in a northerly and easterly direction along the coasts of Ireland and Northern Ireland to a point on the east coast of Northern Ireland at 55o00′ north; then due east to the coast of Scotland; then in a northerly direction along the west coast of Scotland to the point of beginning.

ICES statistical division VIb,

The waters bounded by a line beginning at a point at 60o00′ north, 12o00′ west; then due west to 18o00′ west; then due south to 54o30′ north; then due east to 12o00′ west; then due north to the point of beginning.

ICES statistical subdivision VIb 1,

That part of division VIb enclosed by the line joining the following coordinate:

Latitude

Longitude

54,50 N

18,00 W

60,00 N

18,00 W

60,00 N

13,50 W

60,15 N

13,29 W

59,65 N

13,99 W

59,01 N

14,57 W

58,51 N

14,79 W

57,87 N

14,88 W

57,01 N

14,63 W

56,57 N

14,34 W

56,50 N

14,44 W

56,44 N

14,54 W

56,37 N

14,62 W

56,31 N

14,72 W

56,24 N

14,80 W

56,17 N

14,89 W

56,09 N

14,97 W

56,02 N

15,04 W

55,95 N

15,11 W

55,88 N

15,19 W

55,80 N

15,27 W

55,73 N

15,34 W

55,65 N

15,41 W

55,57 N

15,47 W

55,50 N

15,54 W

55,42 N

15,60 W

55,34 N

15,65 W

55,26 N

15,70 W

55,18 N

15,75 W

55,09 N

15,79 W

55,01 N

15,83 W

54,93 N

15,87 W

54,84 N

15,90 W

54,76 N

15,92 W

54,68 N

15,95 W

54,59 N

15,97 W

54,51 N

15,99 W

54,50 N

15,99 W

54,50 N

18,00 W

ICES statistical subdivision VIb 2,

That part of division VIb not in subdivision VI b 1.

ICES statistical subarea VII

The waters bounded by a line beginning at a point on the west coast of Ireland at 54o30′ north; then due west to 18o00′ west; then due south to 48o00′ north; then due east to the coast of France; then in a northerly and north-easterly direction along the coast of France to a point at 51o00′ north; then due west to south-east coast of England; then in a westerly and northerly direction along the coasts of England, Wales and Scotland to a point on the west coast of Scotland at 55o00′ north; then due west to the coast of Northern Ireland; then in a northerly and westerly direction along the coasts of Northern Ireland and Ireland to the point of beginning.

ICES statistical division VIIa,

The waters bounded by a line beginning at a point on the west coast of Scotland at 55o00′ north; then due west to the coast of Northern Ireland; then in a southerly direction along the coasts of Northern Ireland and Ireland to a point on the south-east cost of Ireland at 52o00′ north; then due east to the coast of Wales; then in a north-easterly and northerly direction along the coasts of Wales, England and Scotland to the point of beginning.

ICES statistical division VIIb,

The waters bounded by a line beginning at a point on the west coast of Ireland at 54o30′ north; then due west to 12o00′ west; then due south to 52o30′ north; then due east to the coast of Ireland; then in a northerly direction along the west coast of Ireland to the point of beginning.

ICES statistical division VIIc,

The waters bounded by a line beginning at a point at 54o30′ north, 12o00′ west; then due west to 18o00′ west; then due south to 52o30′ north; then due east to 12o00′ west; then due north to the point of beginning.

ICES statistical subdivision VIIc 1,

That part of division VII c confined by the following coordinates:

Latitude

Longitude

54,50 N

15,99 W

54,42 N

15,99 W

54,34 N

16,00 W

54,25 N

16,01 W

54,17 N

16,01 W

54,08 N

16,01 W

53,99 N

16,00 W

53,91 N

15,99 W

53,82 N

15,97 W

53,74 N

15,96 W

53,66 N

15,94 W

53,57 N

15,91 W

53,49 N

15,90 W

53,42 N

15,89 W

53,34 N

15,88 W

53,26 N

15,86 W

53,18 N

15,84 W

53,10 N

15,88 W

53,02 N

15,92 W

52,94 N

15,95 W

52,86 N

15,98 W

52,77 N

16,00 W

52,69 N

16,02 W

52,61 N

16,04 W

52,52 N

16,06 W

52,50 N

16,06 W

52,50 N

18,00 W

54,50 N

18,00 W

54,50 N

15,99 W

ICES statistical subdivision VIIc 2,

That part of division VIIc not within subdivision VIIc 1.

ICES statistical division VIId,

The waters bounded by a line beginning at a point on the west coast of France at 51o00′ north; then due west to the coast of England; then in a westerly direction along the south coast of England to 2o00′ west; then due south to the coast of France at Cap de la Hague; then in a north-easterly direction along the coast of France to the point of beginning.

ICES statistical division VIIe,

The waters bounded by a line beginning at a point on the south coast of England at 2o00′ west; then in a southerly and westerly direction along the coast of England to a point on the south-west coast at 50o00′ north; then due west to 7o00′ west; then due south to 49o30′ north; then due east to 5o00′ west; then due south to 48o00′ north; then due east to the coast of France; then in a northerly and north-easterly direction along the coast of France to Cap de la Hague; then due north to the point of beginning.

ICES statistical division VIIf,

The waters bounded by a line beginning at a point on the south coast of Wales at 5o00′ west; then due south to 51o00′ north; then due west to 6o00′ west; then due south to 50o30′ north; then due west to 7o00′ west; then due south to 50o00′ north; then due east to the coast of England; then along the south-west coast of England and the south coast of Wales to the point of beginning.

ICES statistical division VIIg,

The waters bounded by a line beginning at a point on the west coast of Wales at 52o00′ north; then due west to the south-east coast of Ireland; then in a south-westerly direction along the coast of Ireland to a point at 9o00′ west; then due south to 50o00′ north; then due east to 7o00′ west; then due north to 50o30′ north; then due east to 6o00′ west; then due north to 51o00′ north; then due east to 5o00′ west; then due north to the south coast of Wales; then in a north-westerly direction along the coast of Wales to the point of beginning.

ICES statistical division VIIh,

The waters bounded by a line beginning at a point at 50o00′ north, 7o00′ west; then due west to 9o00′ west; then due south to 48o00′ north; then due east to 5o00′ west; then due north to 49o30′ north; then due west to 7o00′ west; then due north to the point of beginning.

ICES statistical division VIIj,

The waters bounded by a line beginning at a point on the west coast of Ireland at 52o30′ north; then due west to 12o00′ west; then due south to 48o00′ north; then due east to 9o00′ west; then due north to the south coast of Ireland; then in a northerly direction along the coast of Ireland to the point of beginning.

ICES statistical subdivision VIIj 1,

That part of division VIIj enclosed by the line joining the following coordinates:

Latitude

Longitude

48,43 N

12,00 W

48,42 N

11,99 W

48,39 N

11,87 W

48,36 N

11,75 W

48,33 N

11,64 W

48,30 N

11,52 W

48,27 N

11,39 W

48,25 N

11,27 W

48,23 N

11,14 W

48,21 N

11,02 W

48,19 N

10,89 W

48,17 N

10,77 W

48,03 N

10,68 W

48,00 N

10,64 W

48,00 N

12,00 W

48,43 N

12,00 W

ICES statistical subdivision VIIj 2,

That part of division VIIj not in subdivision VIIj 1.

ICES statistical division VIIk,

The waters bounded by a line beginning at a point at 52o30′ north, 12o00′ west; then due west to 18o00′ west; then due south to 48o00′ north; then due east to 12o00′ west; then due north to the point of beginning.

ICES statistical subdivision VIIk 1,

That part of division VIIk enclosed by the line joining the following coordinates:

Latitude

Longitude

48,00 N

18,00 W

52,50 N

18,00 W

52,50 N

16,06 W

52,44 N

16,07 W

52,36 N

16,08 W

52,27 N

16,09 W

52,19 N

16,09 W

52,11 N

16,09 W

52,02 N

16,08 W

51,94 N

16,07 W

51,85 N

16,07 W

51,77 N

16,05 W

51,68 N

16,04 W

51,60 N

16,02 W

51,52 N

15,99 W

51,43 N

15,96 W

51,34 N

15,93 W

51,27 N

15,90 W

51,18 N

15,86 W

51,10 N

15,82 W

51,02 N

15,77 W

50,94 N

15,73 W

50,86 N

15,68 W

50,78 N

15,63 W

50,70 N

15,57 W

50,62 N

15,52 W

50,54 N

15,47 W

50,47 N

15,42 W

50,39 N

15,36 W

50,32 N

15,30 W

50,24 N

15,24 W

50,17 N

15,17 W

50,10 N

15,11 W

50,03 N

15,04 W

49,96 N

14,97 W

49,89 N

14,89 W

49,82 N

14,82 W

49,75 N

14,74 W

49,69 N

14,65 W

49,62 N

14,57 W

49,56 N

14,48 W

49,50 N

14,39 W

49,44 N

14,30 W

49,38 N

14,22 W

49,32 N

14,13 W

49,27 N

14,04 W

49,21 N

13,95 W

49,15 N

13,86 W

49,10 N

13,77 W

49,05 N

13,67 W

49,00 N

13,57 W

48,95 N

13,47 W

48,90 N

13,37 W

48,86 N

13,27 W

48,81 N

13,17 W

48,77 N

13,07 W

48,73 N

12,96 W

48,69 N

12,85 W

48,65 N

12,74 W

48,62 N

12,64 W

48,58 N

12,54 W

48,55 N

12,43 W

48,52 N

12,32 W

48,49 N

12,22 W

48,46 N

12,11 W

48,43 N

12,00 W

48,00 N

18,00 W

ICES statistical subdivision VIIk 2,

That part of division VIIk not in subdivision VIIk 1.

ICES statistical subarea VIII

The waters bounded by a line beginning at a point on the west coast of France at 48o00′ north; then due west to 18o00′ west; then due south to 43o00′ north; then due east to the west coast of Spain; then in a northerly direction along the coasts of Spain and France to the point of beginning.

ICES statistical division VIIIa,

The waters bounded by a line beginning at a point on the west coast of France at 48o00′ north; then due west to 8o00′ west; then due south to 47o30′ north; then due east to 6o00′ west; then due south to 47o00′ north; then due east to 5o00′ west; then due south to 46o00′ north; then due east to the coast of France; then in a north-westerly direction along the coast of France to the point of beginning.

ICES statistical division VIIIb,

The waters bounded by a line beginning at a point on the west coast of France at 46o00′ north; then due west to 4o00′ west; then due south to 45o30′ north; then due east to 3o00′ west; then due south to 44o30′ north; then due east to 2o00′ west; then due south to the north coast of Spain; then along the north coast of Spain and the west coast of France to the point of beginning.

ICES statistical division VIIIc,

The waters bounded by a line beginning at a point on the north coast of Spain at 2o00′ west; then due north to 44o30′ north; then due west to 11o00′ west; then due south to 43o00′ north; then due east to the west coast of Spain; then in a northerly and easterly direction along the coast of Spain to the point of beginning.

ICES statistical division VIIId,

The waters bounded by a line beginning at a point at 48o00′ north, 8o00′ west; then due west to 11o00′ west; then due south to 44o30′ north; then due east to 3o00′ west; then due north to 45o30′ north; then due west to 4o00′ west; then due north to 46o00′ north; then due west to 5o00′ west; then due north to 47o00′ north; then due west to 6o00′ west; then due north to 47o30′ north, then due west to 8o00′ west; then due north to the point of beginning.

ICES statistical subdivision VIIId 1,

That part of division VIIId enclosed by the line joining the following coordinates:

Latitude

Longitude

48,00 N

11,00 W

48,00 N

10,64 W

47,77 N

10,37 W

47,45 N

09,89 W

46,88 N

09,62 W

46,34 N

10,95 W

46,32 N

11,00 W

48,00 N

11,00 W

ICES statistical subdivision VIIId 2,

That part of division VIIId outside of subdivision VIIId 1.

ICES statistical division VIIIe,

The waters bounded by a line beginning at a point at 48o00′ north, 11o00′ west; then due west to 18o00′ west; then due south to 43o00′ north; then due east to 11o00′ west; then due north to the point of beginning.

ICES statistical subdivision VIIIe 1,

That part of division VIIIe enclosed by the line joining the following coordinates:

Latitude

Longitude

43,00 N

18,00 W

48,00 N

18,00 W

48,00 N

11,00 W

46,32 N

11,00 W

44,72 N

13,31 W

44,07 N

13,49 W

43,00 N

13,80 W

ICES statistical subdivision VIIIe 2,

That part of division VIIIe not within subdivision VIIIe 1.

ICES statistical subarea IX

The waters bounded by a line beginning at a point on the north-west coast of Spain at 43o00′ north; then due west to 18o00′ west; then due south to 36o00′ north; then due east to a point on the south coast of Spain (Punta Marroqui isthmus) at 5o36′ west; then in a north-westerly direction along the south-west coast of Spain, the coast of Portugal, and the north-west coast of Spain to the point of beginning.

ICES statistical division IXa,

The waters bounded by a line beginning at a point on the north-west coast of Spain at 43o00′ north; then due west to 11o00′ west; then due south to 36o00′ north; then due east to a point on the south coast of Spain (Punta Marroqui isthmus) at 5o36′ west; then in a north-westerly direction along the south-west coast of Spain, the coast of Portugal and the north-west coast of Spain to the point of beginning.

ICES statistical division IXb,

The waters bounded by a line beginning at a point at 43o00′ north, 11o00′ west; then due west to 18o00′ west; then due south to 36o00′ north; then due east to 11o00′ west; then due north to the point of beginning.

ICES statistical subdivision IXb 1,

That part of division IXb enclosed by the lines joining the following points:

Latitude

Longitude

43,00 N

18,00 W

43,00 N

13,80 W

42,88 N

13,84 W

42,04 N

13,64 W

41,38 N

13,27 W

41,13 N

13,27 W

40,06 N

13,49 W

38,75 N

13,78 W

38,17 N

13,69 W

36,03 N

12,73 W

36,04 N

15,30 W

36,02 N

17,90 W

36,00 N

18,00 W

43,00 N

18,00 W

ICES statistical subdivision IXb 2,

That part of division IXb not within subdivision IXb 1.

ICES statistical subarea X

The waters bounded by a line beginning at a point at 48o00′ north, 18o00′ west; then due west to 42o00′ west; then due south to 36o00′ north; then due east to 18o00′ west; then due north to the point of beginning.

ICES statistical division Xa,

That part of subarea X south of 43o N.

ICES statistical subdivision Xa 1,

That part of division Xa enclosed by the line joining the following coordinates:

Latitude

Longitude

36,00 N

18,00 W

36,00 N

22,25 W

37,58 N

20,62 W

39,16 N

21,32 W

40,97 N

23,91 W

41,35 N

24,65 W

41,91 N

25,79 W

42,34 N

28,45 W

42,05 N

29,95 W

41,02 N

35,11 W

40,04 N

35,26 W

38,74 N

35,48 W

36,03 N

31,76 W

36,00 N

32,03 W

36,00 N

42,00 W

43,00 N

42,00 W

43,00 N

18,00 W

36,00 N

18,00 W

ICES statistical subdivision Xa 2,

That part of division Xa not included in subdivision Xa 1.

ICES statistical division Xb,

That part of subarea X north of 43o N.

ICES statistical subarea XII

The waters bounded by a line beginning at a point at 62o00′ north, 15o00′ west; then due west to 27o00′ west; then due south to 59o00′ north; then due west to 42o00′ west; then due south to 48o00′ north; then due east to 18o00′ west; then due north to 60o00′ north; then due east to 15o00′ west; then due north to the point of beginning.

ICES statistical division XIIa,

That part of subarea XII enclosed by the line joining the following coordinates:

Latitude

Longitude

62,00 N

15,00 W

62,00 N

27,00 W

59,00 N

27,00 W

59,00 N

42,00 W

52,50 N

42,00 W

52,50 N

18,00 W

54,50 N

18,00 W

54,50 N

24,00 W

60,00 N

24,00 W

60,00 N

18,00 W

60,00 N

15,00 W

62,00 N

15,00 W

ICES statistical subdivision XIIa 1,

That part of division XIIa enclosed by the line joining the following coordinates:

Latitude

Longitude

52,50 N

42,00 W

56,55 N

42,00 W

56,64 N

41,50 W

56,75 N

41,00 W

56,88 N

40,50 W

57,03 N

40,00 W

57,20 N

39,50 W

57,37 N

39,00 W

57,62 N

38,50 W

57,78 N

38,25 W

57,97 N

38,00 W

58,26 N

37,50 W

58,50 N

37,20 W

58,63 N

37,00 W

59,00 N

36,77 W

59,00 N

27,00 W

60,85 N

27,00 W

60,69 N

26,46 W

60,45 N

25,09 W

60,37 N

23,96 W

60,22 N

23,27 W

60,02 N

21,76 W

60,00 N

20,55 W

60,05 N

18,65 W

60,08 N

18,00 W

60,00 N

18,00 W

60,00 N

24,00 W

54,50 N

24,00 W

54,50 N

18,00 W

52,50 N

18,00 W

52,50 N

42,00 W

ICES statistical subdivision XIIa 2,

That part of division XIIa enclosed by the line joining the following coordinates:

Latitude

Longitude

60,00 N

20,55 W

60,00 N

15,00 W

60,49 N

15,00 W

60,44 N

15,22 W

60,11 N

17,32 W

60,05 N

18,65 W

60,00 N

20,55 W

ICES statistical subdivision XIIa 3,

That part of division XIIa enclosed by the line joining the following coordinates:

Latitude

Longitude

59,00 N

42,00 W

56,55 N

42,00 W

56,64 N

41,50 W

56,75 N

41,00 W

56,88 N

40,50 W

57,03 N

40,00 W

57,20 N

39,50 W

57,37 N

39,00 W

57,62 N

38,50 W

57,78 N

38,25 W

57,97 N

38,00 W

58,26 N

37,50 W

58,63 N

37,00 W

59,00 N

36,77 W

59,00 N

42,00 W

ICES statistical subdivision XIIa 4,

That part of division XIIa enclosed by the line joining the following coordinates:

Latitude

Longitude

62,00 N

27,00 W

60,85 N

27,00 W

60,69 N

26,46 W

60,45 N

25,09 W

60,37 N

23,96 W

60,22 N

23,27 W

60,02 N

21,76 W

60,00 N

20,55 W

60,05 N

18,65 W

60,11 N

17,32 W

60,44 N

15,22 W

60,49 N

15,00 W

62,00 N

15,00 W

62,00 N

27,00 W

ICES statistical division XIIb,

That part of subarea XII enclosed by the line joining the following coordinates:

Latitude

Longitude

60,00 N

18,00 W

54,50 N

18,00 W

54,50 N

24,00 W

60,00 N

24,00 W

60,00 N

18,00 W

ICES statistical division XIIc,

That part of subarea XII enclosed by the line joining the following coordinates:

Latitude

Longitude

52,50 N

42,00 W

48,00 N

42,00 W

48,00 N

18,00 W

52,50 N

18,00 W

52,50 N

42,00 W

ICES statistical subarea XIV

The waters bounded by a line from the geographic North Pole along the meridian of 40o00′ west to the north coast of Greenland; then in an easterly and southerly direction along the coast of Greenland to a point at 44o00′ west; then due south to 59o00′ north; then due east to 27o00′ west; then due north to 68o00′ north; then due east to 11o00′ west; then due north to the geographic North Pole.

ICES statistical division XIVa,

The waters bounded by a line from the geographic North Pole along the meridian of 40o00′ west to the north coast of Greenland; then in an easterly and southerly direction along the coast of Greenland to a point at Cape Savary at 68o30′ north; then due south along the meridian of 27o00′ west to 68o00′ north; then due east to 11o00′ west; then due north to the geographic North Pole.

ICES statistical division XIVb,

The waters bounded by a line beginning at a point on the south coast of Greenland at 44o00′ west; then due south to 59o00′ north; then due east to 27o00′ west; then due north to a point at Cape Savary at 68o30′ north; then south-westerly direction along the coast of Greenland to the point of beginning.

ICES statistical subdivision XIVb 1,

That part of division XIVb enclosed by the line joining the following coordinates:

Latitude

Longitude

59,00 N

27,00 W

59,00 N

36,77 W

59,35 N

36,50 W

59,50 N

36,35 W

59,75 N

36,16 W

60,00 N

35,96 W

60,25 N

35,76 W

60,55 N

35,50 W

60,75 N

35,37 W

61,00 N

35,15 W

61,25 N

34,97 W

61,50 N

34,65 W

61,60 N

34,50 W

61,75 N

34,31 W

61,98 N

34,00 W

62,25 N

33,70 W

62,45 N

33,53 W

62,50 N

33,27 W

62,56 N

33,00 W

62,69 N

32,50 W

62,75 N

32,30 W

62,87 N

32,00 W

63,03 N

31,50 W

63,25 N

31,00 W

63,31 N

30,86 W

63,00 N

30,61 W

62,23 N

29,87 W

61,79 N

29,25 W

61,44 N

28,61 W

61,06 N

27,69 W

60,85 N

27,00 W

59,00 N

27,00 W

ICES statistical subdivision XIVb 2,

That part of division XIVb not included in subdivision XIVb 1.


ANNEX IV

Format for the submission of catch data for the north-east Atlantic

Magnetic media

Computer tapes: Nine track with a density of 1 600 or 6 250 BPI and EBCDIC or ASCII coding, preferably unlabelled. If labelled, an end-of-file code should be included.

Floppy discs: MS-DOS-formatted 3,5″ 720 K or 1,4 Mbyte discs or 5,25″ 360 K or 1,2 Mbyte discs.

Record format

Byte Nos

Item

Remarks

1 to 4

Country (ISO 3-alpha code)

e.g. FRA = France

5 to 6

Year

e.g. 90 = 1990

7 to 8

FAO major fishing area

27 = North-east Atlantic

9 to 15

Division

e.g. IV a = ICES division IV a

16 to 18

Species

3-alpha identifier

19 to 26

Catch

Metric tonnes

Notes:

(a)

All numeric fields should be right justified with leading blanks. All alphanumeric fields should be left justified with trailing blanks.

(b)

The catch is to be recorded in the live weight equivalent of the landings to the nearest metric tonne.

(c)

Quantities (bytes 19 to 26) of less than half a unit should be recorded as ‘- 1’.

(d)

Unknown quantities (bytes 19 to 26) should be recorded as ‘- 2’.


ANNEX V

FORMAT FOR THE SUBMISSION OF CATCH DATA FOR THE NORTH-EAST ATLANTIC ON MAGNETIC MEDIA

A.   Coding format

The data should be submitted as variable length records with a colon (:) between the fields of the record. The following fields should be included in each record:

Field

Remarks

Country

3-alpha code (e.g. FRA = France)

Year

e.g. 2001 or 01

FAO major fishing area

27 = North-East Atlantic

Division

e.g. IVa = ICTS subdivision 4a

Species

3-alpha identifier

Catch

Tonnes

(a)

The catch is to be recorded in the live weight equivalent of the landings, to the nearest metric tonne.

(b)

Quantities of less than half a unit should be recorded as ‘- 1’.

(c)

Country codes:

Austria

AUT

Belgium

BEL

Bulgaria

BGR

Cyprus

CYP

Czech Republic

CZE

Germany

DEU

Denmark

DNK

Spain

ESP

Estonia

EST

Finland

FIN

France

FRA

United Kingdom

GBR

England and Wales

GBRA

Scotland

GBRB

Northern Ireland

GBRC

Greece

GRC

Hungary

HUN

Ireland

IRL

Iceland

ISL

Italy

ITA

Lithuania

LTU

Luxembourg

LUX

Latvia

LVA

Malta

MLT

Netherlands

NLD

Norway

NOR

Poland

POL

Portugal

PRT

Romania

ROU

Slovakia

SVK

Slovenia

SVN

Sweden

SWE

Turkey

TUR

B.   Method of transmission of the data to the European Commission

As far as is possible, the data should be transmitted in an electronic format (for example, as an e-mail attachement).

Failing this, the submission of a file on a 3.5" HD floppy disk will be accepted.


ANNEX VI

Repealed Regulation with list of its successive amendments

Council Regulation (EEC) No 3880/91

(OJ L 365, 31.12.1991, p. 1).

 

Commission Regulation (EC) No 1637/2001

(OJ L 222, 17.8.2001, p. 20).

 

Regulation (EC) No 1882/2003 of the European Parliament and of the Council

(OJ L 284, 31.10.2003, p. 1).

Point 4 of Annex I only

Commission Regulation (EC) No 448/2005

(OJ L 74, 19.3.2005, p. 5).

 


ANNEX VII

Correlation Table

Regulation (EEC) No 3880/91

This Regulation

Article 1

Article 1

Article 2

Article 2

Article 3

Article 3

Article 4, first subparagraph

Article 4, first paragraph

Article 4, second paragraph

Article 4, second subparagraph

Article 4, third paragraph

Article 5(1) and (2)

Article 5(1) and (2)

Article 5(3)

Article 6(1) and (2)

Article 6(1) and (2)

Article 6(3)

Article 6(4)

Article 6(3)

Article 7

Article 7

Article 8

Annex I

Annex I

Annex II

Annex II

Annex III

Annex III

Annex IV

Annex IV

Annex V

Annex VI

Annex VII


31.3.2009   

EN

Official Journal of the European Union

L 87/109


REGULATION (EC) No 219/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 March 2009

adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny

Adaptation to the regulatory procedure with scrutiny — Part Two

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 37, 44(1), 71, 80(2), 95, 152(4)(b), 175(1), 179 and 285 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the European Central Bank (2),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

(1)

Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4) has been amended by Decision 2006/512/EC (5), which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure laid down in Article 251 of the Treaty, inter alia, by deleting some of those elements or by supplementing the instrument with new non-essential elements.

(2)

In accordance with the statement of the European Parliament, the Council and the Commission (6) concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure laid down in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

(3)

Since the amendments made to instruments for this purpose are technical in nature and concern committee procedure only, they do not, in the case of directives, need to be transposed by the Member States,

HAVE ADOPTED THIS REGULATION:

Article 1

The instruments listed in the Annex are hereby adapted, in accordance with that Annex, to Decision 1999/468/EC, as amended by Decision 2006/512/EC.

Article 2

References to provisions of the instruments listed in the Annex shall be understood to be references to those provisions as adapted by this Regulation.

Article 3

This Regulation shall enter into force on the 20th day following 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 Strasbourg, 11 March 2009.

For the European Parliament

The President

H.-G. PÖTTERING

For the Council

The President

A. VONDRA


(1)  OJ C 224, 30.8.2008, p. 35.

(2)  OJ C 117, 14.5.2008, p. 1.

(3)  Opinion of the European Parliament of 23 September 2008 (not yet published in the Official Journal) and Council Decision of 16 February 2009.

(4)  OJ L 184, 17.7.1999, p. 23.

(5)  OJ L 200, 22.7.2006, p. 11.

(6)  OJ C 255, 21.10.2006, p. 1.


ANNEX

1.   HUMANITARIAN AID

Council Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid  (1)

As regards Regulation (EC) No 1257/96, the Commission should be empowered to adopt implementing measures for that Regulation. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 1257/96, 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.

Accordingly, Regulation (EC) No 1257/96 is hereby amended as follows:

1.

in Article 13, the fourth paragraph shall be replaced by the following:

‘Decisions to continue operations adopted by the emergency procedure shall be taken by the Commission, acting in accordance with the management procedure referred to in Article 17(2) and within the limits set in the second indent of Article 15(2).’;

2.

Article 15 shall be replaced by the following:

‘Article 15

1.   The Commission shall adopt implementing measures for this Regulation. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 17(4).

2.   Acting in accordance with the regulatory procedure referred to in Article 17(3), the Commission shall:

decide on Community financing for the humanitarian-aid protection operations referred to in Article 2(c),

decide to take direct Commission action or finance action by Member States’ specialised agencies,

3.   Acting in accordance with the management procedure referred to in Article 17(2), the Commission shall:

approve global plans intended to provide for actions in a given country or region where the scale and complexity of the humanitarian crisis is such that it seems likely to continue, and the budgets for those plans. In this context, the Commission and the Member States shall examine the priorities to be established in the implementation of these global plans,

decide on projects in excess of ECU 2 million, without prejudice to Article 13.’;

3.

Article 17 shall be replaced by the following:

‘Article 17

1.   The Commission shall be assisted by a Committee.

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 one month.

3.   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 one month.

4.   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.’

2.   ENTERPRISE

2.1.   Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers  (2)

As regards Directive 75/324/EEC, the Commission should be empowered to adopt the necessary technical adaptations to that Directive and the required amendments to adapt the Annex to technical progress. Since those measures are of general scope and are designed to amend non-essential elements of Directive 75/324/EEC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Accordingly, Directive 75/324/EEC is hereby amended as follows:

1.

Article 5 shall be replaced by the following:

‘Article 5

The Commission shall adopt the amendments required to adapt the Annex to this Directive to technical progress. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(2).’;

2.

Article 7 is hereby amended as follows:

(a)

paragraph 2 shall be replaced by the following:

‘2.   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.’;

(b)

paragraph 3 shall be deleted;

3.

in Article 10, paragraph 3 shall be replaced by the following:

‘3.   The Commission may adopt necessary technical adaptations of this Directive. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(2).

In that case, the Member State having adopted safeguard measures may maintain them until the entry into force of the adaptations.’

2.2.   Council Directive 93/15/EEC of 5 April 1993 on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses  (3)

As regards Directive 93/15/EEC, the Commission should be empowered to adapt the Directive to take account of any future amendments to the United Nations recommendations and to set the conditions for the application of Article 14, second paragraph. Since those measures are of general scope and are designed to amend non-essential elements of Directive 93/15/EEC 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.

Accordingly, Directive 93/15/EEC is hereby amended as follows:

1.

Article 13 shall be replaced by the following:

‘Article 13

1.   The Commission shall be assisted by a committee.

2.   The committee shall examine any matter concerning the application of this Directive.

3.   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.

4.   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.

5.   The Commission shall, in accordance with the management procedure referred to in paragraph 3, adopt implementing measures in particular to take account of any future amendments to the United Nations recommendations.’;

2.

the second paragraph of Article 14 shall be replaced by the following:

‘Member States shall ascertain whether such undertakings possess a system for keeping track of explosives such that those holding explosives can be identified at any time. The Commission may adopt measures setting the conditions for the application of this paragraph. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(4).’

2.3.   Directive 2000/14/EC of the European Parliament and of the Council of 8 May 2000 on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors  (4) .

As regards Directive 2000/14/EC, the Commission should be empowered to adopt implementing measures for the adaptation to technical progress of Annex III. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2000/14/EC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Accordingly, Directive 2000/14/EC is hereby amended as follows:

1.

Article 18 shall be amended as follows:

(a)

paragraph 2 shall be replaced by the following:

‘2.   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.’;

(b)

paragraph 3 shall be deleted;

2.

the following Article shall be inserted:

‘Article 18a

The Commission shall adopt implementing measures for the adaptation to technical progress of Annex III, provided they do not have any direct impact on the measured sound power level of equipment listed in Article 12, in particular through the inclusion of references to relevant European standards.

Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(2).’;

3.

in Article 19, point (b) shall be replaced by the following:

‘(b)

assist the Commission in the adaptation to technical progress of Annex III.’

2.4.   Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers  (5)

As regards Regulation (EC) No 2003/2003, the Commission should be empowered to adapt its annexes to technical progress, to adapt the measuring, sampling and analysis methods, to adopt rules regarding control measures and to include new types of EC fertilisers. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 2003/2003, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Accordingly, Regulation (EC) No 2003/2003 is hereby amended as follows:

1.

in Article 29, paragraph 4 shall be replaced by the following:

‘4.   The Commission shall adapt and modernise the measuring, sampling and analysis methods and shall, wherever possible, use European Standards. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 32(3). The same procedure shall apply to the adoption of implementing rules needed to specify the control measures provided for in this Article and in Articles 8, 26 and 27. Such rules shall in particular address the question of the frequency with which tests need to be repeated, as well as measures that are designed to ensure that the fertiliser put on the market is identical with the fertiliser tested.’;

2.

Article 31 is hereby amended as follows:

(a)

paragraph 1 shall be replaced by the following:

‘1.   The Commission shall adapt Annex I to include new types of fertilisers.’;

(b)

paragraph 3 shall be replaced by the following:

‘3.   The Commission shall adapt the Annexes to take account of technical progress.’;

(c)

the following paragraph shall be added:

‘4.   The measures referred to in paragraphs 1 and 3, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 32(3).’;

3.

Article 32 shall be replaced by the following:

‘Article 32

Committee procedure

1.   The Commission shall be assisted by a Committee.

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.   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.’

2.5.   Directive 2004/9/EC of the European Parliament and of the Council of 11 February 2004 on the inspection and verification of good laboratory practice (GLP) (codified version)  (6)

As regards Directive 2004/9/EC, the Commission should be empowered to adapt Annex I to technical progress and change the formula in Article 2(2). Since those measures are of general scope and are designed to amend non-essential elements of Directive 2004/9/EC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Accordingly, Directive 2004/9/EC is hereby amended as follows:

1.

Article 6(3) shall be replaced by the following:

‘3.   If the Commission considers that amendments to this Directive are necessary in order to resolve the matters referred to in paragraph 1, it shall adopt those amendments.

Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(3).’;

2.

Article 7 shall be replaced by the following:

‘Article 7

1.   The Commission shall be assisted by the Committee established by Article 29(1) of Council Directive 67/548/EEC (7), hereinafter “the Committee”.

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.   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.

3.

Article 8(2) shall be replaced by the following:

‘2.   The Commission shall adopt implementing measures for the following:

(a)

the adaptation of the formula referred to in Article 2(2);

(b)

the adaptation of Annex I to take account of technical progress.

Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(3).’

2.6.   Directive 2004/10/EC of the European Parliament and of the Council of 11 February 2004 on the harmonisation of laws, regulations and administrative provisions relating to the application of the principles of good laboratory practice and the verification of their applications for tests on chemical substances (codified version)  (8)

As regards Directive 2004/10/EC, the Commission should be empowered to adapt Annex I to technical progress. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2004/10/EC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Accordingly, Directive 2004/10/EC is hereby amended as follows:

1.

the following Article shall be inserted:

‘Article 3a

The Commission may adapt Annex I to technical progress, with regard to principles of GLP.

Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 4(2).’;

2.

Article 4 shall be replaced by the following:

‘Article 4

1.   The Commission shall be assisted by the Committee established by Article 29(1) of Council Directive 67/548/EEC (9).

2.   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.

3.

in Article 5(2) the third subparagraph shall be replaced by the following:

‘The Commission may adopt implementing measures to introduce necessary technical adaptations of this Directive.

Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 4(2).

In the case referred to in the third subparagraph, the Member State which adopted the safeguard measures may maintain them until the entry into force of those adaptations.’

2.7.   Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors  (10)

As regards Regulation (EC) No 273/2004, the Commission should be empowered to adopt implementing measures. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 273/2004, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Accordingly, Regulation (EC) No 273/2004 is hereby amended as follows:

1.

Article 14 is hereby amended as follows:

(a)

the introductory sentence shall be replaced by the following:

‘Where necessary, the Commission shall adopt implementing measures concerning the following:’;

(b)

the following paragraphs shall be added:

‘The measures referred to in points (a) to (e) of the first paragraph, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 15(3).

The measures referred to in point (f) of the first paragraph shall be adopted in accordance with the management procedure referred to in Article 15(2).’;

2.

Article 15 shall be replaced by the following:

‘Article 15

Committee procedure

1.   The Commission shall be assisted by the Committee set up by Article 30 of Council Regulation (EC) No 111/2005 (11).

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.

2.8.   Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents  (12)

As regards Regulation (EC) No 648/2004, the Commission should be empowered to adapt its annexes and to adopt any amendments or additions necessary for applying the rules of that Regulation to solvent-based detergents, where necessary. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 648/2004, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Accordingly, Regulation (EC) No 648/2004 is hereby amended as follows:

1.

Recital 27 shall be deleted;

2.

Article 12 shall be replaced by the following:

‘Article 12

Committee procedure

1.   The Commission shall be assisted by a Committee.

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.   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.’;

3.

Article 13 shall be replaced by the following:

‘Article 13

Adaptation of the Annexes

1.   The Commission shall adopt any amendments necessary for adapting the Annexes and shall, wherever possible, use European Standards.

2.   The Commission shall adopt any amendments or additions necessary for applying the rules of this Regulation to solvent-based detergents.

3.   The measures referred to in paragraphs 1 and 2, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(3).’;

4.

in Annex VII, point A, the sixth paragraph shall be replaced by the following:

‘If individual risk-based concentration limits for the fragrance allergens are subsequently established by the SCCNFP, the Commission shall propose the adoption of such limits to replace the limit of 0.01 % mentioned above. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(3).’

2.9.   Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency  (13)

As regards Regulation (EC) No 726/2004, the Commission should be empowered to adapt certain provisions and annexes, to adopt new provisions, and to lay down specific conditions of application. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 726/2004, 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.

Accordingly, Regulation (EC) No 726/2004 is hereby amended as follows:

1.

Article 3(4) shall be replaced by the following:

‘4.   After the competent committee of the Agency has been consulted, the Commission may adapt the Annex to technical and scientific progress and may adopt any necessary amendments without extending the scope of the centralised procedure.

Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 87(2a).’;

2.

in Article 14(7), the third subparagraph shall be replaced by the following:

‘The Commission shall adopt a Regulation laying down provisions for granting such authorisation. That measure, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 87(2a).’;

3.

Article 16(4) shall be replaced by the following:

‘4.   The Commission shall, after consulting the Agency, adopt appropriate provisions for the examination of variations to marketing authorisations in the form of a regulation. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 87(2a).’;

4.

Article 24 is hereby amended as follows:

(a)

in paragraph 2, the first subparagraph shall be replaced by the following:

‘The holder of the marketing authorisation for a medicinal product for human use shall ensure that all suspected serious unexpected adverse reactions and any suspected transmission via a medicinal product of any infectious agent occurring in the territory of a third country are reported promptly to Member States and the Agency, and no later than 15 days following receipt of the information. The Commission shall adopt provisions for the reporting of suspected unexpected adverse reactions which are not serious, whether occurring in the Community or in a third country. Those measures, designed to amend non-essential elements of this regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 87(2a).’;

(b)

paragraph 4 shall be replaced by the following:

‘4.   The Commission may lay down provisions to amend paragraph 3 in view of experience gained with its operation. Those measures, designed to amend non-essential elements of this regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 87(2a).’;

5.

Article 29 shall be replaced by the following:

‘Article 29

The Commission may adopt any amendment which may be necessary to update the provisions of this Chapter in order to take account of scientific and technical progress. Those measures, designed to amend non-essential elements of this regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 87(2a).’;

6.

Article 41(6) shall be replaced by the following:

‘6.   The Commission shall, after consulting the Agency, adopt appropriate provisions for the examination of variations to marketing authorisations in the form of a regulation. Those measures, designed to amend non-essential elements of this regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 87(2a).’;

7.

Article 49 is hereby amended as follows:

(a)

in paragraph 2 the first subparagraph shall be replaced by the following:

‘The holder of the marketing authorisation for a veterinary medicinal product shall ensure that all suspected serious unexpected adverse reactions, and adverse human reactions, and any suspected transmission via a medicinal product of any infectious agent occurring in the territory of a third country are reported promptly to the Member States and the Agency, and no later than 15 days following receipt of the information. The Commission shall adopt provisions for the reporting of suspected unexpected adverse reactions which are not serious, whether occurring in the Community or in a third country. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 87(2a).’;

(b)

paragraph 4 shall be replaced by the following:

‘4.   The Commission may lay down provisions to amend paragraph 3 in view of experience gained with its operation. Those measures, designed to amend non-essential elements of this regulation, shall be adopted in accordance with the procedure referred to in Article 87(2a).’;

8.

Article 54 shall be replaced by the following:

‘Article 54

The Commission may adopt any amendment which may be necessary to update the provisions of this Chapter in order to take account of scientific and technical progress. Those measures, designed to amend non-essential elements of this regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 87(2a).’;

9.

Article 70(2) shall be replaced by the following:

‘2.   However, the Commission shall adopt provisions establishing the circumstances in which small and medium-sized enterprises may pay reduced fees, defer payment of the fee, or receive administrative assistance. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 87(2a).’;

10.

in Article 84(3), the first subparagraph shall be replaced by the following:

‘At the Agency's request, the Commission may impose financial penalties on the holders of marketing authorisations granted under this Regulation if they fail to observe certain obligations laid down in connection with the authorisations. The maximum amounts as well as the conditions and methods for collection of these penalties shall be laid down by the Commission. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 87(2a).’;

11.

Article 87 is hereby amended as follows:

(a)

the following paragraph shall be inserted:

‘2a.   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.’;

(b)

paragraph 4 shall be deleted.

3.   ENVIRONMENT

3.1.   Council Directive 82/883/EEC of 3 December 1982 on procedures for the surveillance and monitoring of environments concerned by waste from the titanium dioxide industry  (14)

As regards Directive 82/883/EEC, the Commission should be empowered to adapt to scientific and technical progress the contents of the Annexes as regards parameters listed in the ‘optional determination’ column and reference methods of measurement. Since those measures are of general scope and are designed to amend non-essential elements of Directive 82/883/EEC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Accordingly, Directive 82/883/EEC is hereby amended as follows:

1.

Article 9 shall be replaced by the following:

‘Article 9

The Commission shall adopt the requisite amendments to adapt to scientific and technical progress the contents of the Annexes as regards parameters listed in the “optional determination” column and reference methods of measurement.

Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(2).’;

2.

Article 11 shall be replaced by the following:

‘Article 11

1.   The Commission shall be assisted by the committee.

2.   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.’

3.2.   Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture  (15)

As regards Directive 86/278/EEC, the Commission should be empowered to adapt to technical and scientific progress the provisions of the Annexes. Since those measures are of general scope and are designed to amend non-essential elements of Directive 86/278/EEC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Accordingly, Directive 86/278/EEC is hereby amended as follows:

1.

Article 13 shall be replaced by the following:

‘Article 13

The Commission shall adapt to technical and scientific progress the provisions of the Annexes to the Directive, except for the parameters and values listed in Annexes I A, I B and I C, any factors likely to affect the evaluation of the values, and the parameters for analysis referred to in Annexes II A and II B.

Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 15(2).’;

2.

Article 15 shall be replaced by the following:

‘Article 15

1.   The Commission shall be assisted by the Committee.

2.   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.’

3.3.   European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste  (16)

As regards Directive 94/62/EC, the Commission should be empowered to examine and, where necessary, review the illustrative examples for the definition of packaging and to determine the conditions under which concentration levels of heavy metals present in packaging or packaging components will not apply to some materials and product loops, the types of packaging exempted from the requirement regarding concentration levels and the technical measures necessary to deal with any difficulties encountered in applying the provisions of this Directive. Since those measures are of general scope and are designed to amend non-essential elements of Directive 94/62/EC, 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.

Accordingly, Directive 94/62/EC is hereby amended as follows:

1.

in Article 3(1), the fourth subparagraph shall be replaced by the following:

‘The Commission shall, as appropriate, examine and, where necessary, review the illustrative examples for the definition of packaging given in Annex I. As a priority, the following items shall be addressed: CD and video cases, flower pots, tubes and cylinders around which flexible material is wound, release paper of self-adhesive labels and wrapping paper. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 21(3).’;

2.

Article 11(3) shall be replaced by the following:

‘3.   The Commission shall determine the conditions under which the concentration levels referred to in paragraph 1 will not apply to recycled materials and to product loops which are in a closed and controlled chain, as well as the types of packaging which are exempted from the requirement referred to in the third indent of paragraph 1.

Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 21(3).’;

3.

Article 12(3) shall be replaced by the following:

‘3.   In order to harmonise the characteristics and presentation of the data prod uced and to make the data of the Member States compatible, Member States shall provide the Commission with their available data in formats which shall be adopted on the basis of Annex I II, in accordance with the regulatory procedure referred to in Article 21(2).’;

4.

Article 19 shall be replaced by the following:

‘Article 19

Adaptation to scientific and technical progress

1.   The amendments necessary for adapting to scientific and technical progress the identification system (as referred to in Article 8(2) and Article 10, second paragraph, last indent) and the formats relating to the database system (as referred to in Article 12(3) and Annex III) shall be adopted in accordance with the regulatory procedure referred to in Article 21(2).

2.   The Commission shall adopt the amendments necessary for adapting to scientific and technical progress the illustrative examples on the definition of packaging (as referred to in Annex I). Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 21(3).’;

5.

Article 20(1) shall be replaced by the following:

‘1.   The Commission shall determine the technical measures necessary to deal with any difficulties encountered in applying the provisions of this Directive, in particular, to inert packaging materials placed on the market in very small quantities (i.e. approximately 0,1 % by weight) in the Community, primary packaging for medical devices and pharmaceutical products, small packaging and luxury packaging. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 21(3).’;

6.

Article 21(3) shall be replaced by the following:

‘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.’

3.4.   Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels  (17)

As regards Directive 1999/32/EC, the Commission should be empowered to establish criteria for the use of emission abatement technologies by ships of all flags in enclosed ports, harbours and estuaries in the Community and to adopt amendments necessary to make technical adaptations to some provisions in the light of scientific and technical progress. Since those measures are of general scope and are designed to amend non-essential elements of Directive 1999/32/EC, 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.

Accordingly, Directive 1999/32/EC is hereby amended as follows:

1.

Article 4c(3) shall be replaced by the following:

‘3.   Criteria shall be established by the Commission for the use of emission abatement technologies by ships of all flags in enclosed ports, harbours and estuaries in the Community. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(2). The Commission shall communicate these criteria to the IMO.’;

2.

Article 7(4) shall be replaced by the following:

‘4.   Any amendments necessary to make technical adaptations to Article 2, points 1, 2, 3, 3a, 3b and 4, or Article 6(2) in the light of scientific and technical progress shall be adopted by the Commission. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(2). Such adaptations shall not result in any direct changes to the scope of this Directive or to limits on sulphur in fuel specified in this Directive.’;

3.

Article 9 shall be replaced by the following:

‘Article 9

Committee procedure

1.   The Commission shall be assisted by a committee.

2.   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.’

3.5.   Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants  (18)

As regards Directive 2001/81/EC, the Commission should be empowered to update the methodologies to be used in accordance with Annex III. Since those measures are of general scope and are designed to amend non-essential elements of that 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.

Accordingly, Directive 2001/81/EC is hereby amended as follows:

1.

Article 7(4) shall be replaced by the following:

‘4.   Any updating of the methodologies to be used in accordance with Annex III shall be adopted by the Commission. Those measures, designed to amend non-essential elements of this Directive, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).’;

2.

Article 13(3) shall be replaced by the following:

‘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.’

3.6.   Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community  (19)

As regards Directive 2003/87/EC, the Commission should be empowered to adopt provisions necessary for the implementation of Article 11b(5), to adopt guidelines for the monitoring and reporting of emissions, to adopt a Regulation for a standardised and secured system of registries including provisions concerning the use and identification of CERs and ERUs in the Community scheme and the monitoring of the level of such use, to amend Annex III as laid down in Article 22, to approve inclusion of activities and greenhouse gases not listed in Annex I, to draw up any necessary provisions relating to the mutual recognition of allowances under agreements with third countries, and to adopt standardised or accepted methods for monitoring of emissions of other greenhouse gases. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2003/87/EC, 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.

Accordingly, Directive 2003/87/EC is hereby amended as follows:

1.

in Article 11b, paragraph 7 shall be replaced by the following:

‘7.   Provisions for the implementation of paragraphs 3 and 4, particularly in respect of the avoidance of double counting, shall be adopted by the Commission in accordance with the regulatory procedure referred to in Article 23(2). The Commission shall adopt provisions for the implementation of paragraph 5 of this Article where the host party meets all eligibility requirements for JI project activities. Those measures, designed to amend non-essential elements of this Directive, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).’;

2.

in Article 14(1), the first sentence shall be replaced by the following:

‘The Commission shall adopt guidelines for the monitoring and reporting of emissions resulting from the activities listed in Annex I of greenhouse gases specified in relation to those activities. Those measures, designed to amend non-essential elements of this Directive, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).’;

3.

Article 19(3) shall be replaced by the following:

‘3.   In order to implement this Directive, the Commission shall adopt a Regulation for a standardised and secured system of registries in the form of standardised electronic databases containing common data elements to track the issue, holding, transfer and cancellation of allowances, to provide for public access and confidentiality as appropriate and to ensure that there are no transfers which are incompatible with the obligations resulting from the Kyoto Protocol. That Regulation shall also include provisions concerning the use and identification of CERs and ERUs in the Community scheme and the monitoring of the level of such use. That measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).’;

4.

Article 22 shall be replaced by the following:

‘Article 22

Amendments to Annex III

The Commission may amend Annex III, with the exception of criteria 1, 5 and 7, for the period from 2008 to 2012 in the light of the reports provided for in Article 21 and of the experience of the application of this Directive. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).’;

5.

Article 23(3) shall be replaced by the following:

‘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.’;

6.

Article 24 shall be amended as follows:

(a)

paragraph 1 shall be replaced by the following:

‘1.   Taking into account all relevant criteria, in particular the effects on the internal market, potential distortions of competition, the environmental integrity of the scheme and the reliability of the planned monitoring and reporting system, Member States may, from 2008, apply emission allowance trading in accordance with this Directive to:

(a)

installations which are not listed in Annex I, provided that inclusion of such installations is approved by the Commission in accordance with the regulatory procedure referred to in Article 23(2), and

(b)

activities and greenhouse gases which are not listed in Annex I, provided that the inclusion of such activities and greenhouse gases is approved by the Commission. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).

From 2005, Member States may under the same conditions apply emissions allowance trading to installations carrying out activities listed in Annex I below the capacity limits referred to in that Annex.’;

(b)

paragraph 3 shall be replaced by the following:

‘3.   The Commission may, on its own initiative, or shall, on request by a Member State, adopt monitoring and reporting guidelines for emissions from activities, installations and greenhouse gases which are not listed in Annex I if the monitoring and reporting of these emissions can be carried out with sufficient accuracy.

Those measures, designed to amend non-essential elements of this Directive, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).’;

7.

Article 25(2) shall be replaced by the following:

‘2.   Where an agreement referred to in paragraph 1 has been concluded, the Commission shall adopt any necessary provisions relating to the mutual recognition of allowances under that agreement. Those measures, designed to amend non-essential elements of this Directive, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).’;

8.

in Annex IV, the paragraph under the heading ‘Monitoring of emissions of other greenhouse gases’ shall be replaced by the following:

‘Standardised or accepted methods shall be used, developed by the Commission in collaboration with all relevant stakeholders. Those measures, designed to amend non-essential elements of this Directive, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 23(3).’.

3.7.   Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants  (20)

As regards Regulation (EC) No 850/2004, the Commission should be empowered to establish some concentration limits in the annexes, to amend annexes whenever a substance is listed in the Convention or the Protocol, to modify the existing entries and to adapt annexes to scientific and technical progress. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 850/2004, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Accordingly, Regulation (EC) No 850/2004 is hereby amended as follows:

1.

Article 7 shall be amended as follows:

(a)

in paragraph 4, point (a) shall be replaced by the following:

‘(a)

waste containing or contaminated by any substance listed in Annex IV may be otherwise disposed of or recovered in accordance with the relevant Community legislation, provided that the content of the listed substances in the waste is below the concentration limits to be specified in Annex IV. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 17(3). Until such time as concentration limits are established in accordance with such procedure, the competent authority of a Member State may adopt or apply concentration limits or specific technical requirements in respect of the disposal or recovery of waste under this point.’;

(b)

in paragraph 5, the first subparagraph shall be replaced by the following:

‘Concentration limits in Annex V, part 2 shall be established by the Commission for the purposes of paragraph 4(b) of this Article. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 17(3).’;

2.

Article 14 shall be replaced by the following:

‘Article 14

Amendment of Annexes

1.   Whenever a substance is listed in the Convention or the Protocol, the Commission shall, where appropriate, amend Annexes I, II and III accordingly.

Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 16(3).

2.   Whenever a substance is listed in the Convention or the Protocol, the Commission shall, where appropriate, amend Annex IV accordingly.

Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 17(3).

3.   The Commission shall adopt modifications to the existing entries in Annexes I, II and III, including their adaptation to scientific and technical progress.

Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 16(3).

4.   The Commission shall adopt modifications to the existing entries in Annex IV and modifications to Annex V, including their adaptation to scientific and technical progress.

Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 17(3).’;

3.

Article 16(3) shall be replaced by the following:

‘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.’;

4.

Article 17(3) shall be replaced by the following:

‘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.’.

3.8.   Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air  (21)

As regards Directive 2004/107/EC, the Commission should be empowered to adapt certain provisions and Annexes to scientific and technical progress. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2004/107/EC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Accordingly, Directive 2004/107/EC is hereby amended as follows:

1.

Article 4 shall be amended as follows:

(a)

paragraph 9 shall be replaced by the following:

‘9.   Irrespective of concentration levels, one background sampling point shall be installed every 100 000 km2 for the indicative measurement, in ambient air, of arsenic, cadmium, nickel, total gaseous mercury, benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred to in paragraph 8, and of the total deposition of arsenic, cadmium, mercury, nickel, benzo(a)pyrene and the other polycyclic aromatic hydrocarbons referred to in paragraph 8. Each Member State shall set up at least one measuring station. However, Member States may, by agreement, and in accordance with guidelines to be drawn up under the regulatory procedure referred to in Article 6(2), set up one or several common measuring stations, covering neighbouring zones in adjoining Member States, to achieve the necessary spatial resolution. Measurement of particulate and gaseous divalent mercury is also recommended. Where appropriate, monitoring shall be coordinated with the European Monitoring and Evaluation of Pollutants (EMEP) monitoring strategy and measurement programme. The sampling sites for these pollutants shall be selected in such a way that geographical variation and long-term trends can be identified. Sections I, II and III of Annex III shall apply.’;

(b)

paragraph 15 shall be replaced by the following:

‘15.   Any amendments necessary to adapt the provisions of this Article and of Section II of Annex II and of Annexes III, IV and V to scientific and technical progress shall be adopted by the Commission. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 6(3). They may not result in any direct or indirect changes to target values.’;

2.

Article 5(4) shall be replaced by the following:

‘4.   The Commission shall adopt, in accordance with the regulatory procedure referred to in Article 6(2), any detailed arrangements for forwarding the information to be provided under paragraph 1 of this Article.’;

3.

Article 6(3) shall be replaced by the following:

‘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.’;

4.

Annex V, point V shall be replaced by the following:

‘V.   Reference air quality modelling techniques

Reference air quality modelling techniques cannot be specified at present. The Commission may make amendments to adapt this point to scientific and technical progress. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 6(3).’

3.9.   Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste  (22)

As regards Regulation (EC) No 1013/2006, the Commission should be empowered to amend the annexes as laid down in Article 58 of Regulation (EC) No 1013/2006 and to adopt certain additional measures as laid down in Article 59 of Regulation (EC) No 1013/2006. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 1013/2006, 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.

Accordingly, Regulation (EC) No 1013/2006 is hereby amended as follows:

1.

in Article 11(3), the third subparagraph shall be replaced by the following:

‘If there is no satisfactory solution, either Member State may refer the matter to the Commission. The issue shall then be determined in accordance with the regulatory procedure referred to in Article 59a(2).’;

2.

Article 58 shall be replaced by the following:

‘Article 58

Amendment of Annexes

1.   The Commission may amend the Annexes to take account of scientific and technical progress. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 59a(3). In addition:

(a)

Annexes I, II, III, IIIA, IV and V shall be amended to take account of changes agreed under the Basel Convention and the OECD Decision;

(b)

unclassified wastes may be added to Annex IIIB, IV or V on a provisional basis pending a decision on their inclusion in the relevant Annexes to the Basel Convention or to the OECD Decision;

(c)

following the submission of a request by a Member State, mixtures of two or more wastes listed in Annex III may be considered for inclusion in Annex IIIA in the cases referred to in Article 3(2) on a provisional basis pending a decision on their inclusion in the relevant Annexes to the Basel Convention or to the OECD Decision. Annex IIIA may contain the proviso that one or more of the entries therein shall not apply for exports to countries to which the OECD Decision does not apply;

(d)

the exceptional cases referred to in Article 3(3) shall be determined and, where necessary, such waste shall be added to Annexes IVA and V and deleted from Annex III;

(e)

Annex V shall be amended to reflect agreed changes to the list of hazardous waste adopted in accordance with Article 1(4) of Directive 91/689/EEC;

(f)

Annex VIII shall be amended to reflect relevant international conventions and agreements.

2.   When amending Annex IX, the Committee established by Council Directive 91/692/EEC of 23 December 1991 standardising and rationalising reports on the implementation of certain Directives relating to the environment (23) shall be fully associated with the deliberations.

3.

Article 59 shall be replaced by the following:

‘Article 59

Additional measures

1.   The Commission may adopt, in accordance with the regulatory procedure referred to in Article 59a(2), the following additional measures related to the implementation of this Regulation:

(a)

guidelines for the application of Article 12(1)(g);

(b)

guidelines on the application of Article 15 in relation to the identification and tracking of waste undergoing substantial changes in the interim recovery or disposal operation;

(c)

guidelines for the cooperation of competent authorities with regard to illegal shipments as referred to in Article 24;

(d)

technical and organisational requirements for the practical implementation of electronic data interchange for the submission of documents and information in accordance with Article 26(4);

(e)

further guidance concerning the use of languages referred to in Article 27;

(f)

further clarification of the procedural requirements of Title II as regards their application to exports, imports and transit of waste from, to, and through the Community;

(g)

further recommendations concerning undefined legal terms.

2.   The Commission may adopt implementing measures concerning the following:

(a)

a method for calculating the financial guarantee or equivalent insurance as set out in Article 6;

(b)

further conditions and requirements in relation to pre-consented recovery facilities as referred to in Article 14.

Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 59a(3).’;

4.

The following Article shall be inserted:

‘Article 59a

Committee procedure

1.   The Commission shall be assisted by the committee set up by Article 18(1) of Directive 2006/12/EC.

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.   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.’;

5.

Article 63 shall be amended as follows:

(a)

in paragraph 2, the third subparagraph shall be replaced by the following:

‘With the exception of glass waste, paper waste and waste pneumatic tyres, this period may be extended until no later than 31 December 2012 in accordance with the regulatory procedure referred to in Article 59a(2).’;

(b)

in paragraph 4, the third subparagraph shall be replaced by the following:

‘This period may be extended until no later than 31 December 2012 in accordance with the regulatory procedure referred to in Article 59a(2).’;

(c)

paragraph 5 shall be amended as follows:

(i)

the third subparagraph shall be replaced by the following:

‘This period may be extended until no later than 31 December 2015 in accordance with the regulatory procedure referred to in Article 59a(2).’;

(ii)

the fifth subparagraph shall be replaced by the following:

‘This period may be extended until no later than 31 December 2015 in accordance with the regulatory procedure referred to in Article 59a(2).’

4.   EUROSTAT

4.1.   Council Regulation (EEC) No 3924/91 of 19 December 1991 on the establishment of a Community survey of industrial production  (24)

As regards Regulation (EEC) No 3924/91, the Commission should be empowered to update the list of products concerned by that Regulation. It should also be empowered to adopt detailed rules as regards representativeness and periodicity for certain products and to establish the arrangements for survey contents and implementing measures, including the measures for adjustment to technical progress concerning the collection of data and the processing of the results. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EEC) No 3924/91, 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.

Accordingly, Regulation (EEC) No 3924/91 is hereby amended as follows:

1.

Article 2(6) shall be replaced by the following:

‘6.   The Prodcom list and the information actually collected for each heading shall be updated by the Commission. Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(3).’;

2.

Article 3 shall be amended as follows:

(a)

in paragraph 2 the words ‘in accordance with the procedure laid down in Article 10’ shall be replaced by the words ‘in accordance with the management procedure referred to in Article 10(2).’;

(b)

paragraph 5 shall be replaced by the following:

‘5.   Detailed rules for applying paragraph 3, including measures for the adjustment to technical progress, shall be adopted, as necessary, by the Commission. Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(3).’;

3.

Article 4 shall be replaced by the following:

‘Article 4

Survey periods

The survey shall cover an annual period of one calendar year.

However, for certain headings in the Prodcom list, the Commission may decide that monthly or quarterly surveys are to be conducted. Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(3).’;

4.

Article 5(1) shall be replaced by the following:

‘1.   The required information shall be collected by the Member States using survey questionnaires the content of which shall comply with the arrangements defined by the Commission. Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(3).’;

5.

Article 6 shall be replaced by the following:

‘Article 6

Processing of results

Member States shall process the completed questionnaires referred to in Article 5(1) or the information from other sources referred to in Article 5(3) in accordance with the detailed rules adopted by the Commission. Those measures, designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(3).’;

6.

in Article 7(2) the words ‘in accordance with the procedure laid down in Article 10’ shall be replaced by the words ‘in accordance with the management procedure referred to in Article 10(2)’;

7.

Article 9 shall be deleted;

8.

Article 10 shall be replaced by the following:

‘Article 10

Committee procedure

1.   The Commission shall be assisted by the Statistical Programme Committee established by Council Decision 89/382/EEC, Euratom (25).

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.

4.2.   Council Directive 96/16/EC of 19 March 1996 on statistical surveys of milk and milk products  (26)

As regards Directive 96/16/EC, the Commission should be empowered to adopt the definitions for the agricultural holdings among which Member States must conduct surveys of the production of milk and its use, adopt the list of milk products covered by the surveys and draw up standard definitions to be used when communicating the results to the Commission. Since those measures are of general scope and are designed to amend non-essential elements of Directive 96/16/EC 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.

Accordingly, Directive 96/16/EC is hereby amended as follows:

1.

in Article 1, point 2 shall be replaced by the following:

‘2)   shall carry out annual surveys of the production of milk and its use among agricultural holdings as defined by the Commission. The measures defining agricultural holdings, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(3).’;

2.

Article 3(2) and (3) shall be replaced by the following:

‘2.   The list of milk products covered by the surveys shall be adopted by the Commission. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(3).

3.   The standard definitions to be used when communicating the results for the various products shall be drawn up by the Commission. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(3).’;

3.

in Article 5(2) and Article 6(1), the words ‘in accordance with the procedure laid down in Article 7’ shall be replaced by the words ‘in accordance with the regulatory procedure referred to in Article 7(2).’;

4.

Article 7 shall be replaced by the following:

‘Article 7

1.   The Commission shall be assisted by the Standing Committee on Agricultural Statistics set up by Decision 72/279/EEC.

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.   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.’

4.3.   Directive 2001/109/EC of the European Parliament and of the Council of 19 December 2001 concerning the statistical surveys to be carried out by the Member States in order to determine the production potential of plantations of certain species of fruit trees  (27)

As regards Directive 2001/109/EC, the Commission should be empowered to amend the list of species of fruit trees and the table of species surveyed in the Member States, to adopt the detailed rules for the application of certain articles and to determine the boundaries of the production areas to be adopted for Member States. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2001/109/EC, 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.

Accordingly, Directive 2001/109/EC is hereby amended as follows:

1.

the third subparagraph of Article 1(2) shall be replaced by the following:

‘The list of said species and the said table may be amended by the Commission. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 8(2).’;

2.

Article 2(2) shall be replaced by the following:

‘2.   Detailed rules for the organisation of the surveys that provide relevant results shall be adopted by the Commission. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 8(2).’;

3.

Article 3(4) shall be replaced by the following:

‘4.   Detailed rules for the random sampling arrangements shall be adopted by the Commission. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 8(2).’;

4.

Article 4(2) shall be replaced by the following:

‘2.   The results referred to in paragraph 1 shall be supplied for each production area. The boundaries of the production areas to be adopted for Member States shall be determined by the Commission. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 8(2).’;

5.

Article 8 shall be replaced by the following:

‘Article 8

1.   The Commission shall be assisted by the Standing Committee on Agricultural Statistics set up by Council Decision 72/279/EEC (28).

2.   Where reference is made to this paragraph, Article 5a(1) to (4) and (5)(a) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

4.4.   Regulation (EC) No 91/2003 of the European Parliament and of the Council of 16 December 2002 on rail transport statistics  (29)

As regards Regulation (EC) No 91/2003, the Commission should be empowered to adapt the definitions and adopt additional provisions, to adapt the content of the annexes and to specify the information to be supplied for the reports on the quality and comparability of the results. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 91/2003, 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.

Accordingly, Regulation (EC) No 91/2003 is hereby amended as follows:

1.

Article 3(2) shall be replaced by the following:

‘2.   The definitions referred to in paragraph 1 may be adapted, and additional definitions needed to ensure harmonisation of statistics may be adopted by the Commission. Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(3).’;

2.

Article 4 is hereby amended as follows:

(a)

paragraph 2 shall be replaced by the following:

‘2.   Annexes B and D set out simplified reporting requirements, which may be used by Member States as alternatives to the normal detailed reporting requirements set out in Annexes A and C, for undertakings for which the total volume of goods or passenger transport is less than 500 million tonne-km or 200 million passenger-km respectively. These thresholds may be adapted by the Commission. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(3).’;

(b)

paragraph 5 shall be replaced by the following:

‘5.   The contents of the Annexes may be adapted by the Commission. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(3).’;

3.

Article 10 shall be replaced by the following:

‘Article 10

Implementing procedures

1.   The arrangements for the transmission of data to Eurostat shall be made in accordance with the regulatory procedure referred to in Article 11(2).

2.   The Commission shall adopt the following implementing measures:

(a)

adaptation of the thresholds for simplified reporting (Article 4);

(b)

adaptation of the definitions and adoption of additional definitions (Article 3(2));

(c)

adaptation of the contents of the annexes (Article 4);

(d)

specification of information to be supplied for the reports on the quality and comparability of the results (Article 8(2)).

Those measures, designed to amend non-essential elements of this Regulation, inter alia,, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(3).’;

4.

Article 11 shall be replaced by the following:

‘Article 11

Committee procedure

1.   The Commission shall be assisted by the Statistical Programme Committee established by 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.   Where reference is made to this paragraph, Article 5a(1) to (4) and (5)(a) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’;

5.

in point 5 of Annex H the words ‘according to the procedure of Article 11(2)’ shall be replaced by the words ‘in accordance with the regulatory procedure with scrutiny referred to in Article 11(3).’

4.5.   Regulation (EC) No 437/2003 of the European Parliament and of the Council of 27 February 2003 on statistical returns in respect of the carriage of passengers, freight and mail by air  (30)

As regards Regulation (EC) No 437/2003, the Commission should be empowered to establish standards of accuracy, specify data files and adopt certain implementing measures. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 437/2003, 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.

Accordingly, Regulation (EC) No 437/2003 is hereby amended as follows:

1.

Article 5 shall be replaced by the following:

‘Article 5

Accuracy of statistics

The collection of data shall be based on complete returns, unless other standards of accuracy are established by the Commission. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(3).’;

2.

Article 7(2) shall be replaced by the following:

‘2.   The results shall be transmitted according to the data files shown in Annex I. The files shall be specified by the Commission. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(3).

The medium to be used for transmission shall be specified by the Commission in accordance with the regulatory procedure referred to in Article 11(2).’;

3.

Article 10 shall be replaced by the following:

‘Article 10

Implementing measures

1.   The following implementing measures shall be adopted in accordance with the regulatory procedure referred to in Article 11(2):

the list of Community airports covered by Article 3(2),

description of the data codes and the medium to be used for transmission of results to the Commission (Article 7),

dissemination of statistical results (Article 8),

2.   The Commission shall adopt the following implementing measures:

adaptation of the specifications in the Annexes to this Regulation,

adaptation of the data collection characteristics (Article 3),

accuracy of statistics (Article 5),

description of the data files (Article 7),

Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(3).’;

4.

Article 11 shall be replaced by the following:

‘Article 11

Committee procedure

1.   The Commission shall be assisted by the Statistical Programme Committee established by 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 time limit laid down in Article 5(6) 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 (5)(a) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’.

4.6.   Regulation (EC) No 48/2004 of the European Parliament and of the Council of 5 December 2003 on the production of annual Community statistics on the steel industry for the reference years 2003-2009  (31)

As regards Regulation (EC) No 48/2004, the Commission should be empowered to update the list of characteristics concerned by that Regulation. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 48/2004, 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.

Accordingly, Regulation (EC) No 48/2004 is hereby amended as follows:

1.

Article 7 shall be replaced by the following:

‘Article 7

Implementing measures

1.   The measures for the implementation of this Regulation concerning transmission formats and the first transmission period shall be adopted in accordance with the regulatory procedure referred to in Article 8(2).

2.   The measures for the implementation of this Regulation concerning the updating of the list of characteristics, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 8(3), provided that no significant additional burden is imposed upon the Member States.’;

2.

Article 8(3) shall be replaced by the following:

‘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.’

5.   INTERNAL MARKET

Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids  (32)

As regards Directive 2004/25/EC, the Commission should be empowered to adopt rules for the application of Article 6(3) to the contents of the offer document. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2004/25/EC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Directive 2004/25/EC provided for a time restriction concerning the implementing powers conferred on the Commission. In their statement concerning Decision 2006/512/EC amending Decision 1999/468/EC, the European Parliament, the Council and the Commission have stated that Decision 2006/512/EC provides a horizontal and satisfactory solution to the European Parliament's wish to scrutinise the implementation of instruments adopted under the co-decision procedure and that, accordingly, implementing powers should be conferred on the Commission without time limit. Following the introduction of the regulatory procedure with scrutiny, the provision establishing that time restriction in Directive 2004/25/EC should be deleted.

Accordingly, Directive 2004/25/EC is hereby amended as follows:

1.

Article 6(4) shall be replaced by the following:

‘4.   The Commission may adopt rules modifying the list in paragraph 3. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(2).’;

2.

Article 18 shall be amended as follows:

(a)

paragraph 2 shall be replaced by the following:

‘2.   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.’;

(b)

paragraph 3 shall be deleted.

6.   HEALTH AND CONSUMER PROTECTION

6.1.   Council Directive 79/373/EEC of 2 April 1979 on the circulation of compound feedingstuffs  (33)

As regards Directive 79/373/EEC, the Commission should be empowered to adopt exceptions to the prescriptions on the packaging of feedingstuffs and to amend the Annex. Since those measures are of general scope and are designed to amend non-essential elements of Directive 79/373/EEC, 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.

Accordingly, Directive 79/373/EEC is hereby amended as follows:

1.

Article 4(2) shall be replaced by the following:

‘2.   The Commission shall adopt exceptions to the principle of paragraph 1 to be authorised at Community level. Those measures, designed to amend non-essential elements of this Directive, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3), provided that the identity and quality of the compound feedingstuffs concerned are ensured.’;

2.

Article 10 shall be replaced by the following:

‘Article 10

In the light of advances in scientific and technical knowledge, the Commission shall:

(a)

establish categories grouping several feed materials;

(b)

adopt methods of calculating the energy value of compound feedingstuffs;

(c)

adopt amendments to the Annex.

All the above measures, designed to amend non-essential elements of this Directive, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).’;

3.

Article 13(3) shall be replaced by the following:

‘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.’.

6.2.   Council Directive 82/471/EEC of 30 June 1982 concerning certain products used in animal nutrition  (34)

As regards Directive 82/471/EEC, the Commission should be empowered to adopt amendments and to lay down the criteria required to define the products included in the Directive. Since those measures are of general scope and are designed to amend non-essential elements of Directive 82/471/EEC 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. On the grounds of urgency, it is necessary to apply the urgency procedure provided for in Article 5a(6) of Decision 1999/468/EC for the adoption of amendments to the Directive.

Accordingly, Directive 82/471/EEC is hereby amended as follows:

1.

Article 6 is hereby amended as follows:

(a)

paragraph 1 shall be replaced by the following:

‘1.   Amendments to be made to the Annex as a result of developments in scientific or technical knowledge shall be adopted by the Commission. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3). In the case of the products referred to in Sections 1.1 and 1.2 of the Annex, the Commission shall consult the Scientific Committee for Animal Nutrition and the Scientific Committee for Food.

However, in the case of products obtained from yeasts of the “Candida” variety and cultivated on n-alkanes, referred to in Article 4(1), the Commission shall adopt a position within two years of notification of this Directive, after consulting the Scientific Committee for Animal Nutrition and the Scientific Committee for Food.’;

(b)

paragraph 3 shall be replaced by the following:

‘3.   Criteria making it possible to define the products included in this Directive, particularly the criteria of composition and purity and the physico-chemical and biological properties, may be laid down by the Commission in the light of scientific and technical knowledge. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).’;

2.

in the second subparagraph of Article 7(2), the words ‘the procedure laid down in Article 13’ shall be replaced by the words ‘the regulatory procedure referred to in Article 13(2).’;

3.

Article 8(3) shall be replaced by the following:

‘3.   If the Commission considers that amendments to this Directive are necessary to alleviate the difficulties referred to in paragraph 1 and to ensure the protection of human or animal health, it shall adopt such measures. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the urgency procedure referred to in Article 13(4). The Member State that has adopted safeguard measures may in that event retain them until the amendments have entered into force.’;

4.

Article 13 shall be amended as follows:

(a)

paragraph 3 shall be replaced by the following:

‘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.’;

(b)

the following paragraph shall be added:

‘4.   Where reference is made to this paragraph, Article 5a(1), (2), (4) and (6) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’;

5.

Article 14 shall be deleted.

6.3.   Council Directive 96/25/EC of 29 April 1996 on the circulation and use of feed materials  (35)

As regards Directive 96/25/EC, the Commission should be empowered to draw up and amend the list of materials whose circulation or use for animal nutrition purposes is restricted or prohibited and to amend the annex in the light of advances in scientific and technical knowledge. Since those measures are of general scope and are designed to amend non-essential elements of Directive 96/25/EC, 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.

When, on imperative grounds of urgency, the normal time limits for the regulatory procedure with scrutiny cannot be complied with, the Commission should be able to apply the urgency procedure provided for in Article 5a(6) of Decision 1999/468/EC for the amendment of the list of materials whose circulation or use for animal nutrition purposes is restricted or prohibited.

On grounds of efficiency, the normal time limits for the regulatory procedure with scrutiny must be curtailed for the adoption of amendments to the annex in the light of advances in scientific and technical knowledge.

Accordingly, Directive 96/25/EC is hereby amended as follows:

1.

the second indent of Article 5(1)(g) shall be replaced by the following:

‘—

Community measures included on a list to be drawn up by the Commission. That measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3);’;

2.

Article 11 shall be replaced by the following:

‘Article 11

1.   A numerical coding system for the listed feed materials based on glossaries concerning the origin, part of the product/by-product used, processing and maturity/quality of the feed materials enabling feed to be identified at international level — in particular by name and description — may be adopted in accordance with the regulatory procedure referred to in Article 13(2).

2.   The list of materials whose circulation or use for animal nutrition purposes is restricted or prohibited shall be drawn up by the Commission in order to ensure their compliance with Article 3. That measure, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3).

3.   The list referred to in paragraph 2 shall be amended by the Commission in the light of advances in scientific and technical knowledge. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(3). On imperative grounds of urgency, the Commission may have recourse to the urgency procedure referred to in Article 13(5) with a view to adopting those measures.

4.   Amendments to be made to the Annex as a result of developments in scientific or technical knowledge shall be adopted by the Commission. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 13(4).’;

3.

Article 13 shall be amended as follows:

(a)

paragraph 3 shall be replaced by the following:

‘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.’;

(b)

the following paragraphs shall be added:

‘4.   Where reference is made to this paragraph, Article 5a(1) to (4) and (5)(b) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The periods laid down in Article 5a(3)(c), (4)(b) and (4)(e) of Decision 1999/468/EC shall be set at two months, one month and two months respectively.

5.   Where reference is made to this paragraph, Article 5a(1), (2), (4) and (6) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’

6.4.   Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed  (36)

As regards Directive 2002/32/EC, the Commission should be empowered to amend Annexes I and II and adapt them in the light of developments in scientific and technical knowledge, and to lay down additional criteria for detoxification processes. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2002/32/EC, 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.

When, on imperative grounds of urgency, the time limits normally applicable for the regulatory procedure with scrutiny cannot be complied with, the Commission should be able to apply the urgency procedure provided for in Article 5a(6) of Decision 1999/468/EC for the adaptation of Annexes I and II in the light of developments in scientific and technical knowledge.

Accordingly, Directive 2002/32/EC is hereby amended as follows:

1.

the first subparagraph of Article 7(2) shall be replaced by the following:

‘2.   An immediate decision shall be taken as to whether Annexes I and II should be amended. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the urgency procedure referred to in Article 11(4).’;

2.

Article 8(1) and (2) shall be replaced by the following:

‘1.   The Commission shall adapt Annexes I and II in the light of developments in scientific and technical knowledge. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(3). On imperative grounds of urgency, the Commission may have recourse to the urgency procedure referred to in Article 11(4) with a view to adopting those amendments.

2.   Furthermore the Commission:

shall periodically adopt consolidated versions of Annexes I and II incorporating any adaptations made pursuant to paragraph 1, in accordance with the regulatory procedure referred to in Article 11(2),

may define acceptability criteria for detoxification processes as a complement to the criteria provided for products intended for animal feed which have undergone such processes. Those measures, designed to amend non-essential elements of this Directive, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(3).’;

3.

Article 11 shall be replaced by the following:

‘Article 11

1.   The Commission shall be assisted by the Standing Committee for Feedingstuffs set up by Article 1 of Council Decision 70/372/EEC (37).

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.   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.

4.   Where reference is made to this paragraph, Article 5a(1), (2), (4) and (6) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

4.

Article 12 shall be deleted.

6.5.   Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movements of pet animals  (38)

As regards Regulation (EC) No 998/2003, the Commission should be empowered to amend the list of species of animals set out in Part C of Annex I and the lists of countries and territories set out in Parts B and C of Annex II, draw up specific requirements in respect of diseases other than rabies with regard to Member States and territories listed in section 2 of Part B of Annex II, adopt conditions applicable to the movement of animals of the species listed in Part C of Annex I from third countries and adopt requirements of a technical nature in respect of the movement of animals of the species listed in Parts A and B of Annex I. Since those measures are of general scope and are designed to amend non-essential elements of that Regulation, 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.

On grounds of efficiency, the normal time limits for the regulatory procedure with scrutiny should be curtailed for the adoption of the list of certain third countries.

Accordingly, Regulation (EC) No 998/2003 is hereby amended as follows:

1.

Article 7 shall be replaced by the following:

‘Article 7

Movement between Member States or from a territory listed in section 2 of Part B of Annex II of animals of the species listed in part C of Annex I shall not be subject to any requirement with regard to rabies. The Commission shall draw up, if necessary, specific requirements, including a possible limit on the number of animals, in respect of other diseases. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(4). A model certificate to accompany such animals may be drawn up in accordance with the regulatory procedure referred to in Article 24(2).’;

2.

Article 9 shall be replaced by the following:

‘Article 9

The conditions applicable to the movement of animals of the species listed in Part C of Annex I from third countries shall be adopted by the Commission. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(4). The model certificate which must accompany the movement of animals shall be drawn up in accordance with the regulatory procedure referred to in Article 24(2).’;

3.

Article 10 is hereby amended as follows:

(a)

the introductory phrase shall be replaced by the following:

‘The list of third countries provided for in part C of Annex II shall be drawn up by the Commission. To be included on that list, a third country must first demonstrate its status with regard to rabies and that:’;

(b)

the following subparagraph shall be added:

‘Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(5).’;

4.

in Article 17, the first paragraph shall be replaced by the following:

‘For the movement of animals of the species listed in Parts A and B of Annex I, requirements of a technical nature other than those laid down by this Regulation may be adopted by the Commission. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(4).’;

5.

Article 19 shall be replaced by the following:

‘Article 19

Part C of Annex I and parts B and C of Annex II may be amended by the Commission to take account of developments in the situation within the Community or in third countries as regards diseases affecting the species of animals covered by this Regulation, in particular rabies, and, if need be, limit, for the purposes of this Regulation, the number of animals which can be moved. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(4).’;

6.

Article 21 shall be replaced by the following:

‘Article 21

Any transitional provisions may be adopted by the Commission to permit the changeover from the current arrangements to the arrangements established by this Regulation. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(4).’;

7.

Article 24 is hereby amended as follows:

(a)

paragraph 4 shall be replaced by the following:

‘4.   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.’;

(b)

the following paragraph shall be added:

‘5.   Where reference is made to this paragraph, Article 5a(1) to (4) and (5)(b) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The periods laid down in Article 5a(3)(c), (4)(b) and (4)(e) of Decision 1999/468/EC shall be set at two months, one month and two months respectively.’.

6.6.   Directive 2003/99/EC of the European Parliament and of the Council of 17 November 2003 on the monitoring of zoonoses and zoonotic agents  (39)

As regards Directive 2003/99/EC, the Commission should be empowered to establish coordinated monitoring programmes concerning zoonoses and zoonotic agents. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2003/99/EC, 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.

On grounds of urgency, it is necessary to apply the urgency procedure provided for in Article 5a(6) of Decision 1999/468/EC for the adoption of amendments to Annex I to Directive 2003/99/EC in order to add zoonoses and zoonotic agents to, or delete them from, the lists provided for therein.

Accordingly, Directive 2003/99/EC is hereby amended as follows:

1.

in Article 4, paragraph 4 shall be amended as follows:

(a)

the introductory phrase shall be replaced by the following:

‘Annex I may be amended by the Commission to add zoonoses or zoonotic agents to, or delete them from, the lists therein, taking account in particular of the following criteria:’;

(b)

the following subparagraph shall be added:

‘Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the urgency procedure referred to in Article 12(4).’;

2.

Article 5(1) shall be replaced by the following:

‘1.   If data collected through routine monitoring in accordance with Article 4 are not sufficient, coordinated monitoring programmes concerning one or more zoonoses and/or zoonotic agents may be established by the Commission, especially when specific needs are identified, to assess risks or to establish baseline values related to zoonoses or zoonotic agents at the level of Member States or at Community level. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(3).’;

3.

Article 11 shall be replaced by the following:

‘Article 11

Amendments to the Annexes and transitional or implementing measures

Annexes II, III and IV may be amended by the Commission. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(3).

Transitional measures of general scope designed to amend non-essential elements of this Directive, inter alia, by supplementing it with new non-essential elements, in particular further specifications of the requirements laid down in this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(3).

Other implementing or transitional measures may be adopted in accordance with the regulatory procedure referred to in Article 12(2).’;

4.

Article 12 shall be amended as follows:

(a)

paragraph 3 shall be replaced by the following:

‘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.’;

(b)

the following paragraph shall be added:

‘4.   Where reference is made to this paragraph, Article 5a(1), (2), (4) and (6) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’

6.7.   Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs  (40)

As regards Regulation (EC) No 852/2004, the Commission should be empowered to adopt provisions relating to specific hygiene rules and to the approval of establishments, and to grant derogations from Annexes I and II subject to certain conditions. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 852/2004, 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.

Accordingly, Regulation (EC) No 852/2004 is hereby amended as follows:

1.

Article 4(4) shall be replaced by the following:

‘4.   The criteria, requirements and targets referred to in paragraph 3, and associated sampling and analysis methods shall be laid down by the Commission. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3).’;

2.

Article 6(3)(c) shall be replaced by the following:

‘(c)

by a decision adopted by the Commission. That measure, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3).’;

3.

Article 12 shall be replaced by the following:

‘Article 12

Transitional measures of general scope designed to amend non-essential elements of this Regulation, inter alia, by supplementing it with new non-essential elements, in particular further specifications of the requirements laid down in this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3).

Other implementing or transitional measures may be adopted in accordance with the regulatory procedure referred to in Article 14(2).’;

4.

Article 13 shall be amended as follows:

(a)

paragraph 1 shall be amended as follows:

(i)

the introductory sentence shall be replaced by the following:

‘Annexes I and II may be adapted or updated by the Commission taking into account:’;

(ii)

the following subparagraph shall be added:

‘Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3).’;

(b)

paragraph 2 shall be replaced by the following:

‘2.   Derogations from Annexes I and II may be granted by the Commission, in particular to facilitate the implementation of Article 5 for small businesses, taking into account the relevant risk factors, provided that such derogations do not affect the achievement of the objectives of this Regulation. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3).’;

5.

Article 14(3) shall be replaced by the following:

‘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.’.

6.8.   Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin  (41)

As regards Regulation (EC) No 853/2004, the Commission should be empowered to adopt provisions relating to the general obligations of food business operators and to the special guarantees for placing food on the market in Sweden or Finland, and to allow derogations from the annexes subject to certain conditions. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 853/2004, 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.

Accordingly, Regulation (EC) No 853/2004 is hereby amended as follows:

1.

in Article 3(2), the first sentence shall be replaced by the following:

‘Food business operators shall not use any substance other than potable water — or, when Regulation (EC) No 852/2004 or this Regulation permits its use, clean water — to remove surface contamination from products of animal origin, unless use of the substance has been approved by the Commission. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(3).’;

2.

Article 8(3) shall be replaced by the following:

‘3.

(a)

The requirements of paragraphs 1 and 2 may be updated by the Commission, in particular to take account of changes in Member States’ control programmes or of the adoption of microbiological criteria in accordance with Regulation (EC) No 852/2004. Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(3).

(b)

In accordance with the regulatory procedure referred to in Article 12(2), the rules laid down in paragraph 2 of this Article in respect of any of the foodstuffs referred to in paragraph 1 of this Article may be extended, in whole or in part, to any Member State, or any region of a Member State, that has a control programme recognised as equivalent to that approved for Sweden and Finland in respect of the food of animal origin concerned.’;

3.

Article 9 shall be replaced by the following:

‘Article 9

Transitional measures of general scope designed to amend non-essential elements of this Regulation, inter alia, by supplementing it with new non-essential elements, in particular further specifications of the requirements laid down in this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(3).

Other implementing or transitional measures may be adopted in accordance with the regulatory procedure referred to in Article 12(2).’;

4.

Article 10 is hereby amended as follows:

(a)

paragraph 1 shall be amended as follows:

(i)

the introductory wording shall be replaced by the following:

‘Annexes II and III may be adapted or updated by the Commission taking into account:’;

(ii)

the following subparagraph shall be added:

‘Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(3).’;

(b)

paragraph 2 shall be replaced by the following:

‘2.   Exemptions from Annex II and III may be granted by the Commission, provided that they do not affect the achievement of the objectives of this Regulation. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(3).’;

5.

the introductory wording of Article 11 shall be replaced by the following:

‘Without prejudice to the general application of Article 9 and Article 10(1), implementing measures may be laid down in accordance with the regulatory procedure referred to in Article 12(2), and amendments to Annex II or III, as measures designed to amend non-essential elements of this Regulation, may be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(3):’;

6.

Article 12(3) shall be replaced by the following:

‘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.’

6.9.   Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption  (42)

As regards Regulation (EC) No 854/2004, the Commission should be empowered to amend or adapt the annexes thereto and to adopt transitional measures, in particular further specifications of the requirements laid down in the provisions of that Regulation. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 854/2004, 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.

Accordingly, Regulation (EC) No 854/2004 is hereby amended as follows:

1.

Article 16 shall be replaced by the following:

‘Article 16

Transitional measures of general scope designed to amend non-essential elements of this Regulation, inter alia, by supplementing it with new non-essential elements, in particular further specifications of the requirements laid down in this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 19(3).

Other implementing or transitional measures may be adopted in accordance with the regulatory procedure referred to in Article 19(2).’;

2.

Article 17(1) and (2) shall be replaced by the following:

‘1.   Annexes I, II, III, IV, V and VI may be amended or supplemented by the Commission to take account of scientific and technical progress. Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 19(3).

2.   Exemptions from Annexes I, II, III, IV, V and VI may be granted by the Commission, provided that they do not affect the achievement of the objectives of this Regulation. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 19(3).’;

3.

the introductory wording of Article 18 shall be replaced by the following:

‘Without prejudice to the general application of Article 16 and Article 17(1), implementing measures may be laid down in accordance with the regulatory procedure referred to in Article 19(2), and amendments to Annexes I, II, III, IV, V or VI, as measures designed to amend non-essential elements of this Regulation, may be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 19(3), to specify:’;

4.

Article 19(3) shall be replaced by the following:

‘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.’

6.10.   Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements for feed hygiene  (43)

As regards Regulation (EC) No 183/2005, the Commission should be empowered to define the microbiological criteria and targets to be met by feed business operators, to adopt measures for the approval of establishments, to amend Annexes I, II and III, and to grant derogations from those annexes. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 183/2005, 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.

Accordingly, Regulation (EC) No 183/2005 is hereby amended as follows:

1.

the second subparagraph of Article 5(3) shall be replaced by the following:

‘The criteria and targets referred to in points (a) and (b) shall be defined by the Commission. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 31(3).’;

2.

in Article 10, point (3) shall be replaced by the following:

‘(3)   approval is required by a Regulation adopted by the Commission. This measure, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 31(3).’;

3.

Article 27 shall be replaced by the following:

‘Article 27

Amendments to Annexes I, II and III

Annexes I, II and III may be amended to take account of:

(a)

the development of codes of good practice;

(b)

the experience gained from the implementation of HACCP-based systems pursuant to Article 6;

(c)

technological developments;

(d)

scientific advice, particularly new risk assessments;

(e)

the setting of feed safety targets;

and

(f)

the development of requirements relating to specific operations.

Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 31(3).’;

4.

Article 28 shall be replaced by the following:

‘Article 28

Derogations from Annexes I, II and III

Derogations from Annexes I, II and III may be granted by the Commission for particular reasons, provided that such derogations do not affect the achievement of the objectives of this Regulation. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 31(3).’;

5.

Article 31(3) shall be replaced by the following:

‘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.’

7.   ENERGY AND TRANSPORT

7.1.   Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport  (44)

As regards Regulation (EEC) No 3821/85, the Commission should be empowered to make the necessary amendments to adapt the Annexes to technical progress. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EEC) No 3821/85, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Accordingly, Regulation (EEC) No 3821/85 is hereby amended as follows:

1.

in Article 5, the second subparagraph shall be replaced by the following:

‘The system's security must comply with the technical requirements laid down in Annex IB. The Commission shall ensure that the said Annex stipulates that recording equipment may not be granted EC component type-approval until the whole system (the recording equipment itself, driver card and electrical gearbox connections) has demonstrated its capacity to resist attempts to tamper with or alter the data on driving times. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(2). The tests necessary to establish this shall be carried out by experts familiar with up-to-date tampering techniques.’;

2.

Article 17(1) shall be replaced by the following:

‘1.   The amendments required to adjust the annexes to technical progress, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(2).’;

3.

Article 18 shall be replaced by the following:

‘Article 18

1.   The Commission shall be assisted by a Committee.

2.   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.’.

7.2.   Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over  (45)

As regards Directive 97/70/EC, the Commission should be empowered to adopt provisions for the harmonised interpretation of provisions of the Annex to the Torremolinos Protocol and for the implementation of the Directive. The Commission should also be empowered to amend certain provisions of the Directive and of the annexes thereto in order to apply, for the purpose of the Directive, subsequent amendments to the Torremolinos Protocol which entered into force after the adoption of the Directive. Since those measures are of general scope and are designed to amend non-essential elements of Directive 97/70/EC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Accordingly, Directive 97/70/EC is hereby amended as follows:

1.

in Article 4(4)(b), the words ‘in accordance with the procedure laid down in Article 9’ shall be replaced by the words ‘in accordance with the regulatory procedure referred to in Article 9(2).’;

2.

in Article 8, the first subparagraph shall be replaced by the following:

‘The following adaptations, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(3):

(a)

provisions may be adopted and incorporated for:

a harmonised interpretation of those provisions of the Annex to the Torremolinos Protocol which have been left to the discretion of the administrations of individual contracting parties, as far as necessary to ensure their consistent implementation in the Community,

the implementation of this Directive without broadening its scope,

(b)

Articles 2, 3, 4, 6 and 7 of this Directive may be adapted and its Annexes may be amended in order to apply, for the purpose of this Directive, subsequent amendments to the Torremolinos Protocol which have entered into force after the adoption of this Directive.’;

3.

Article 9 shall be replaced by the following:

‘Article 9

Committee procedure

1.   The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) set up by Article 3 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council (46).

2.   Where reference is made to this paragraph, Articles 5 and 7 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (47) 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 two 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.

7.3.   Council Directive 1999/35/EC of 29 April 1999 on a system of mandatory surveys for the safe operation of regular ro-ro ferry and high-speed passenger craft services  (48)

As regards Directive 1999/35/EC, the Commission should be empowered to adapt the Annexes, definitions and references to Community instruments and instruments of the International Maritime Organisation (IMO) in order to bring them into line with Community or IMO measures which have subsequently entered into force. The Commission should also be empowered to amend the annexes in order to improve the regime established by the Directive. Since those measures are of general scope and are designed to amend non-essential elements of Directive 1999/35/EC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Accordingly, Directive 1999/35/EC is hereby amended as follows:

1.

in Article 4(1)(d), last sentence, Article 11(6) and (8) and Article 13(3), second and last sentences, the words ‘the procedure laid down in Article 16’ shall be replaced by the words ‘the regulatory procedure referred to in Article 16(2).’;

2.

Article 16 shall be replaced by the following:

‘Article 16

Committee procedure

1.   The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) set up by Article 3 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council (49).

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 two 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.

3.

Article 17 shall be replaced by the following:

‘Article 17

Amendment procedure

The Annexes to this Directive, the definitions, the references to Community instruments and references to IMO instruments may be adapted to the extent necessary to bring them into line with Community or IMO measures which have entered into force, but without broadening the scope of this Directive.

The Annexes may also be adapted when it is necessary to improve the arrangements established by this Directive, but without broadening its scope.

Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 16(3).

The amendments to the international instruments referred to in Article 2 may be excluded from the scope of this Directive pursuant to Article 5 of Regulation (EC) No 2099/2002.’

7.4.   Regulation (EC) No 417/2002 of the European Parliament and of the Council of 18 February 2002 on the accelerated phasing-in of double hull or equivalent design requirements for single hull oil tankers  (50)

As regards Regulation (EC) No 417/2002, the Commission should be empowered to amend certain references to the relevant Regulations in MARPOL 73/78 and to Resolutions MEPC 111(50) and 94(46), in order to align the references with amendments to these Regulations and Resolutions adopted by the International Maritime Organization (IMO), in so far as such amendments do not broaden the scope of that Regulation. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 417/2002, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Accordingly, Regulation (EC) No 417/2002 is hereby amended as follows:

1.

Article 10 shall be replaced by the following:

‘Article 10

Committee procedure

1.   The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) set up by Article 3 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council (51).

2.   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.

2.

in Article 11, the first paragraph shall be replaced by the following:

‘The Commission may amend the references in this Regulation to the Regulations of Annex I to MARPOL 73/78, as well as to Resolutions MEPC 111(50) and 94(46) as amended by MEPC Resolutions 99(48) and 112(50), in order to align the references with amendments to those Regulations and Resolutions adopted by the IMO, in so far as such amendments do not broaden the scope of this Regulation. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 10(2).’

7.5.   Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14 April 2003 on the prohibition of organotin compounds on ships  (52)

As regards Regulation (EC) No 782/2003, the Commission should be empowered to establish a harmonised survey and certification regime for certain ships, to take certain measures as regards ships sailing under the flag of a third State, to establish port State control procedures, and to amend certain references and annexes to take account of developments at international level, in particular in the IMO, or to improve the effectiveness of that Regulation in the light of experience. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 782/2003, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Accordingly, Regulation (EC) No 782/2003 is hereby amended as follows:

1.

Article 6 shall be amended as follows:

(a)

in paragraph 1(b), the second subparagraph shall be replaced by the following:

‘If necessary, the Commission may establish a harmonised survey and certification regime for these ships. That measure, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(2).’;

(b)

paragraph 3 shall be replaced by the following:

‘3.   If the AFS-Convention has not entered into force by 1 January 2007, the Commission shall adopt appropriate measures in order to allow ships flying the flag of a third State to demonstrate their compliance with Article 5. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(2).’;

2.

in Article 7, the second paragraph shall be replaced by the following:

‘If the AFS-Convention has not entered into force by 1 January 2007, the Commission shall establish appropriate procedures for these controls. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(2).’;

3.

Article 8 shall be replaced by the following:

‘Article 8

In order to take account of developments at international level and in particular in the International Maritime Organisation (IMO), or to improve the effectiveness of this Regulation in the light of experience, the Commission may amend the references to the AFS-Convention, to the AFS-Certificate, to the AFS-Declaration and to the AFS-Statement of Compliance and the Annexes to this Regulation, including relevant IMO guidelines in relation to Article 11 of the AFS-Convention. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(2).’;

4.

Article 9 shall be replaced by the following:

‘Article 9

Committee procedure

1.   The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) set up by Article 3 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council (53).

2.   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.

7.6.   Directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration based on a useful heat demand in the internal energy market  (54)

As regards Directive 2004/8/EC, the Commission should be empowered to examine harmonised efficiency reference values for separate production of electricity and heat, to adapt the threshold values set out in Article 13 to technical progress, and to establish and adapt to technical progress the detailed guidelines for the implementation and application of Annex II of that Directive, including the determination of the power to heat ratio. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2004/8/EC, 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.

Accordingly, Directive 2004/8/EC is hereby amended as follows:

1.

Article 4(2) shall be replaced by the following:

‘2.   The Commission shall examine the harmonised efficiency reference values for separate production of electricity and heat referred to in paragraph 1, for the first time on 21 February 2011, and every four years thereafter, to take account of technological developments and changes in the distribution of energy sources. Any measures resulting from this examination, designed to amend the non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(2).’;

2.

Article 13 shall be replaced by the following:

‘Article 13

Adaptation to technical progress

1.   The Commission shall adapt the threshold values used for the calculation of electricity from cogeneration referred to in Annex II(a) to technical progress. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(2).

2.   The Commission shall adapt the threshold values used for the calculation of efficiency of cogeneration production and primary energy savings referred to in Annex III(a) to technical progress. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(2).

3.   The Commission shall adapt the guidelines for determining the power to heat ratio referred to in Annex II(d) to technical progress. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(2).’;

3.

Article 14 shall be replaced by the following:

‘Article 14

Committee procedure

1.   The Commission shall be assisted by a committee.

2.   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.’;

4.

in Annex II, point (e) shall be replaced by the following:

‘(e)

The Commission shall establish detailed guidelines for the implementation and application of Annex II, including the determination of the power to heat ratio. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(2).’

7.7.   Directive 2004/52/EC of the European Parliament and of the Council of 29 April 2004 on the interoperability of electronic road toll systems in the Community  (55)

As regards Directive 2004/52/EC, the Commission should be empowered to adapt the annex and to take decisions relating to the definition of the European electronic toll service. The Commission should also be empowered to take technical decisions relating to the realisation of the European electronic toll service. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2004/52/EC, 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.

Accordingly, Directive 2004/52/EC is hereby amended as follows:

1.

Article 4 shall be amended as follows:

(a)

paragraph 2 shall be replaced by the following:

‘2.   Where appropriate, the Annex may be adapted for technical reasons. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 5(2).’;

(b)

paragraphs 4, 5 and 6 shall be replaced by the following:

‘4.   The decisions relating to the definition of the European electronic toll service shall be taken by the Commission. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 5(2). Such decisions shall only be taken if all the conditions, evaluated on the basis of appropriate studies, are in place to enable interoperability to work from all points of view, including technical, legal and commercial conditions.

5.   Technical decisions relating to the realisation of the European electronic toll service shall be taken by the Commission. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 5(2).’;

2.

Article 5 shall be replaced by the following:

‘Article 5

Committee procedure

1.   The Commission shall be assisted by an Electronic Toll Committee.

2.   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.’

7.8.   Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security  (56)

As regards Regulation (EC) No 725/2004, the Commission should be empowered to decide whether amendments to the Annexes, which concern certain special measures to enhance maritime security of the International Convention for the Safety of Life at Sea, and of the International Code for the security of ships and of port facilities, that apply automatically to international traffic should also apply to ships operating domestic services and the port facilities serving them. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 725/2004, 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.

Regulation (EC) No 725/2004 lays down security requirements and measures and is based on international instruments that are subject to amendment. Where, on imperative grounds of urgency, the normal time-limits for the regulatory procedure with scrutiny cannot be complied with, the Commission should be able to have recourse to the urgency procedure provided for in Article 5a(6) of Decision 1999/468/EC.

Accordingly, Regulation (EC) No 725/2004 is hereby amended as follows:

1.

Article 10(2) shall be replaced by the following:

‘2.   The Commission shall decide on the integration of amendments to the international instruments referred to in Article 2 in respect of ships operating domestic services and the port facilities serving them to which this Regulation applies, in so far as they constitute a technical update of the provisions of the SOLAS Convention and the ISPS Code. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(4); on imperative grounds of urgency, the Commission may have recourse to the urgency procedure referred to in Article 11(5). The procedure for checking conformity established in paragraph 5 of this Article shall not apply in these cases.’;

2.

Article 10(3) shall be replaced by the following:

‘3.   The Commission may adopt provisions in order to define harmonised procedures for the application of the mandatory provisions of the ISPS Code, without broadening the scope of this Regulation. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(4).

On imperative grounds of urgency, the Commission may have recourse to the urgency procedure referred to in Article 11(5).’;

3.

Article 11 shall be replaced by the following:

‘Article 11

Committee procedure

1.   The Commission shall be assisted by a committee.

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 one month.

3.   Where reference is made to this paragraph, Articles 6 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The periods laid down in Article 6(b) and (c) respectively of Decision 1999/468/EC shall be set at one month.

4.   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.

5.   Where reference is made to this paragraph, Article 5a(1), (2), (4) and (6) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’.

7.9.   Regulation (EC) No 789/2004 of the European Parliament and of the Council of 21 April 2004 on the transfer of cargo and passenger ships between registers within the Community  (57)

As regards Regulation (EC) No 789/2004, the Commission should be empowered to amend certain definitions in order to take account of developments at international level, in particular in the International Maritime Organisation (IMO), and to improve the effectiveness of the Regulation in the light of experience and technical progress. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 789/2004, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Accordingly, Regulation (EC) No 789/2004 is hereby amended as follows:

1.

Article 7 shall be replaced by the following:

‘Article 7

Committee procedure

1.   The Commission shall be assisted by the Committee on Safe Seas and the Prevention of Pollution from Ships (COSS) set up by Article 3 of Regulation (EC) No 2099/2002 of the European Parliament and of the Council (58).

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 two 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.

2.

Article 9(1) shall be replaced by the following:

‘1.   In order to take account of developments at international level, in particular in the International Maritime Organisation (IMO), and to improve the effectiveness of this Regulation in the light of experience and technical progress, the Commission may amend the definitions in Article 2 insofar as such amendments do not broaden the scope of the Regulation. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(3).’

7.10.   Directive 2005/44/EC of the European Parliament and of the Council of 7 September 2005 on harmonised river information services (RIS) on inland waterways in the Community  (59)

As regards Directive 2005/44/EC, the Commission should be empowered to adapt the annexes to technical progress. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2005/44/EC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Accordingly, Directive 2005/44/EC is hereby amended as follows:

1.

Article 10 shall be replaced by the following:

‘Article 10

Amendment procedure

Annexes I and II may be amended in the light of the experience gained from the application of this Directive and adapted to technical progress. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 11(4).’;

2.

Article 11 shall be replaced by the following:

‘Article 11

Committee procedure

1.   The Commission shall be assisted by the Committee set up by Article 7 of Council Directive 91/672/EEC of 16 December 1991 on the reciprocal recognition of boatmasters’ certificates for the carriage of goods and passengers by inland waterway (60).

2.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

3.   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.

4.   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.

5.   The Commission shall regularly consult representatives of the sector.

7.11.   Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on enhancing port security  (61)

As regards Directive 2005/65/EC, the Commission should be empowered to adapt the Annexes thereto. Since those measures are of general scope and are designed to amend non-essential elements of Directive 2005/65/EC, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.

Directive 2005/65/EC lays down security requirements and measures and is based on international instruments that are subject to amendment. Where, on imperative grounds of urgency, the normal time-limits for the regulatory procedure with scrutiny cannot be complied with, the Commission should be able to have recourse to the urgency procedure provided for in Article 5a(6) of Decision 1999/468/EC for the adaptation of its Annexes.

Accordingly, Articles 14 and 15 of Directive 2005/65/EC shall be replaced by the following:

‘Article 14

Adaptations

The Commission may adapt Annexes I to IV without broadening the scope of this Directive. Those measures, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 15(2).

On imperative grounds of urgency, the Commission may have recourse to the urgency procedure referred to in Article 15(3).

Article 15

Committee procedure

1.   The Commission shall be assisted by the committee set up by Regulation (EC) No 725/2004.

2.   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.

3.   Where reference is made to this paragraph, Article 5a(1), (2), (4) and (6) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’


(1)  OJ L 163, 2.7.1996, p. 1.

(2)  OJ L 147, 9.6.1975, p. 40.

(3)  OJ L 121, 15.5.1993, p. 20.

(4)  OJ L 162, 3.7.2000, p. 1.

(5)  OJ L 304, 21.11.2003, p. 1.

(6)  OJ L 50, 20.2.2004, p. 28.

(7)  OJ 196, 16.8.1967, p. 1.’;

(8)  OJ L 50, 20.2.2004, p. 44.

(9)  OJ 196, 16.8.1967, p. 1.’;

(10)  OJ L 47, 18.2.2004, p. 1.

(11)  OJ L 22, 26.1.2005, p. 1.’

(12)  OJ L 104, 8.4.2004, p. 1.

(13)  OJ L 136, 30.4.2004, p. 1.

(14)  OJ L 378, 31.12.1982, p. 1.

(15)  OJ L 181, 4.7.1986, p. 6.

(16)  OJ L 365, 31.12.1994, p. 10.

(17)  OJ L 121, 11.5.1999, p. 13.

(18)  OJ L 309, 27.11.2001, p. 22.

(19)  OJ L 275, 25.10.2003, p. 32.

(20)  OJ L 229, 29.6.2004, p. 5.

(21)  OJ L 23, 26.1.2005, p. 3.

(22)  OJ L 190, 12.7.2006, p. 1.

(23)  OJ L 377, 31.12.1991, p. 48.’;

(24)  OJ L 374, 31.12.1991, p. 1.

(25)  OJ L 181, 28.6.1989, p. 47.’

(26)  OJ L 78, 28.3.1996, p. 27.

(27)  OJ L 13, 16.1.2002, p. 21.

(28)  OJ L 179, 7.8.1972, p. 1.’

(29)  OJ L 14, 21.1.2003, p. 1.

(30)  OJ L 66, 11.3.2003, p. 1.

(31)  OJ L 7, 13.1.2004, p. 1.

(32)  OJ L 142, 30.4.2004, p. 12.

(33)  OJ L 86, 6.4.1979, p. 30.

(34)  OJ L 213, 21.7.1982, p. 8.

(35)  OJ L 125, 23.5.1996, p. 35.

(36)  OJ L 140, 30.5.2002, p. 10.

(37)  OJ L 170, 3.8.1970, p. 1.’;

(38)  OJ L 146, 13.6.2003, p. 1.

(39)  OJ L 325, 12.12.2003, p. 31.

(40)  OJ L 139, 30.4.2004, p. 1.

(41)  OJ L 139, 30.4.2004, p. 55.

(42)  OJ L 139, 30.4.2004, p. 206.

(43)  OJ L 35, 8.2.2005, p. 1.

(44)  OJ L 370, 31.12.1985, p. 8.

(45)  OJ L 34, 9.2.1998, p. 1.

(46)  OJ L 324, 29.11.2002, p. 1.

(47)  OJ L 184, 17.7.1999, p. 23.’

(48)  OJ L 138, 1.6.1999, p. 1.

(49)  OJ L 324, 29.11.2002, p. 1.’;

(50)  OJ L 64, 7.3.2002, p. 1.

(51)  OJ L 324, 29.11.2002, p. 1.’;

(52)  OJ L 115, 9.5.2003, p. 1.

(53)  OJ L 324, 29.11.2002, p. 1.’

(54)  OJ L 52, 21.2.2004, p. 50.

(55)  OJ L 166, 30.4.2004, p. 124.

(56)  OJ L 129, 29.4.2004, p. 6.

(57)  OJ L 138, 30.4.2004, p. 19.

(58)  OJ L 324, 29.11.2002, p. 1.’;

(59)  OJ L 255, 30.9.2005, p. 152.

(60)  OJ L 373, 31.12.1991, p. 29.’

(61)  OJ L 310, 25.11.2005, p. 28.


Chronological index

(1)

Council Directive 75/324/EEC of 20 May 1975 on the approximation of the laws of the Member States relating to aerosol dispensers

(2)

Council Directive 79/373/EEC of 2 April 1979 on the circulation of compound feeding stuffs

(3)

Council Directive 82/471/EEC of 30 June 1982 concerning certain products used in animal nutrition

(4)

Council Directive 82/883/EEC of 3 December 1982 on procedures for the surveillance and monitoring of environments concerned by waste from the titanium dioxide industry

(5)

Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport

(6)

Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture

(7)

Council Regulation (EEC) No 3924/91 of 19 December 1991 on the establishment of a Community survey of industrial production

(8)

Council Directive 93/15/EEC of 5 April 1993 on the harmonisation of the provisions relating to the placing on the market and supervision of explosives for civil uses

(9)

European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste

(10)

Council Directive 96/16/EC of 19 March 1996 on statistical surveys of milk and milk products

(11)

Council Directive 96/25/EC of 29 April 1996 on the circulation and use of feed materials

(12)

Council Regulation (EC) No 1257/96 of 20 June 1996 concerning humanitarian aid

(13)

Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over

(14)

Council Directive 1999/32/EC of 26 April 1999 relating to a reduction in the sulphur content of certain liquid fuels

(15)

Council Directive 1999/35/EC of 29 April 1999 on a system of mandatory surveys for the safe operation of regular ro-ro ferry and high-speed passenger craft services

(16)

Directive 2000/14/EC of the European Parliament and of the Council of 8 May 2000 on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors

(17)

Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants

(18)

Directive 2001/109/EC of the European Parliament and of the Council of 19 December 2001 concerning the statistical surveys to be carried out by the Member States in order to determine the production potential of plantations of certain species of fruit trees

(19)

Regulation (EC) No 417/2002 of the European Parliament and of the Council of 18 February 2002 on the accelerated phasing-in of double hull or equivalent design requirements for single hull oil tankers

(20)

Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed

(21)

Regulation (EC) No 91/2003 of the European Parliament and of the Council of 16 December 2002 on rail transport statistics

(22)

Regulation (EC) No 437/2003 of the European Parliament and of the Council of 27 February 2003 on statistical returns in respect of the carriage of passengers, freight and mail by air

(23)

Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14 April 2003 on the prohibition of organotin compounds on ships

(24)

Regulation (EC) No 998/2003 of the European Parliament and of the Council of 26 May 2003 on the animal health requirements applicable to the non-commercial movements of pet animals

(25)

Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers

(26)

Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community

(27)

Directive 2003/99/EC of the European Parliament and of the Council of 17 November 2003 on the monitoring of zoonoses and zoonotic agents

(28)

Regulation (EC) No 48/2004 of the European Parliament and of the Council of 5 December 2003 on the production of annual Community statistics on the steel industry for the reference years 2003-2009

(29)

Regulation (EC) No 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors

(30)

Directive 2004/8/EC of the European Parliament and of the Council of 11 February 2004 on the promotion of cogeneration based on a useful heat demand in the internal energy market

(31)

Directive 2004/9/EC of the European Parliament and of the Council of 11 February 2004 on the inspection and verification of good laboratory practice (GLP) (codified version)

(32)

Directive 2004/10/EC of the European Parliament and of the Council of 11 February 2004 on the harmonisation of laws, regulations and administrative provisions relating to the application of the principles of good laboratory practice and the verification of their applications for tests on chemical substances (codified version)

(33)

Regulation (EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004 on detergents

(34)

Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility securit

(35)

Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency

(36)

Regulation (EC) No 789/2004 of the European Parliament and of the Council of 21 April 2004 on the transfer of cargo and passenger ships between registers within the Community

(37)

Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids

(38)

Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants

(39)

Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs

(40)

Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin

(41)

Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption

(42)

Directive 2004/52/EC of the European Parliament and of the Council of 29 April 2004 on the interoperability of electronic road toll systems in the Community

(43)

Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air

(44)

Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements for feed hygiene

(45)

Directive 2005/44/EC of the European Parliament and of the Council of 7 September 2005 on harmonised river information services (RIS) on inland waterways in the Community

(46)

Directive 2005/65/EC of the European Parliament and of the Council of 26 October 2005 on enhancing port security

(47)

Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste


31.3.2009   

EN

Official Journal of the European Union

L 87/155


REGULATION (EC) No 220/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 March 2009

amending Regulation (EC) No 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, as regards the implementing powers conferred on the Commission

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 152(4)(b) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee (1),

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

(1)

Regulation (EC) No 999/2001 of the European Parliament and of the Council (3) provides that certain measures are to 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).

(2)

Decision 1999/468/EC has been amended by Council Decision 2006/512/EC (5), which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope and designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia, by deleting some of those elements or by supplementing the instrument with new non-essential elements.

(3)

In accordance with the statement by the European Parliament, the Council and the Commission (6) concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure referred to in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

(4)

As regards Regulation (EC) No 999/2001, Regulation (EC) No 1923/2006 of the European Parliament and of the Council (7) introduced the regulatory procedure with scrutiny only for certain implementing measures which were concerned by the amendments. Therefore, Regulation (EC) No 999/2001 should be adapted for the remaining implementing powers.

(5)

In particular, the Commission should be empowered to approve rapid tests, to extend certain provisions to other products of animal origin, to adopt implementing rules including the method to confirm Bovine Spongiform Encepalopathy (BSE) in ovine and caprine animals, to modify the Annexes and to adopt transitional measures. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 999/2001, 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.

(6)

It is also appropriate to limit, following confirmation of the presence of a transmissible spongiform encepalopathy (TSE), the possibility for Member States to apply other measures to cases where the approval of those measures by the Commission is based on a favourable risk assessment taking particularly into account the control measures in that Member State, and where those measures offer an equivalent level of protection.

(7)

Regulation (EC) No 999/2001 should be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 999/2001 is hereby amended as follows:

1.

in Article 5(3), the third subparagraph shall be replaced by the following:

‘The rapid tests shall be approved for that purpose in accordance with the regulatory procedure with scrutiny referred to in Article 24(3) and entered on a list set out in Annex X, Chapter C, point 4.’;

2.

Article 9(3) shall be replaced by the following:

‘3.   Paragraphs 1 and 2 shall not apply, in the light of the criteria set out in point 5 of Annex V, to ruminants which have undergone an alternative test which has been recognised in accordance with the regulatory procedure with scrutiny referred to in Article 24(3), provided that this test is listed in Annex X, where the results of the test were negative.’;

3.

In Article 13(1), the third subparagraph shall be replaced by the following:

‘By way of derogation from this paragraph, a Member State may apply other measures offering an equivalent level of protection based on a favourable risk assessment pursuant to Articles 24a and 25, taking particularly into account the control measures in that Member State, if those measures have been approved for that Member State in accordance with the regulatory procedure referred to in Article 24(2).’;

4.

Article 16(7) shall be replaced by the following:

‘7.   In accordance with the regulatory procedure with scrutiny referred to in Article 24(3), the provisions of paragraphs 1 to 6 may be extended to other products of animal origin. Rules for the implementation of this Article shall be adopted in accordance with the regulatory procedure referred to in Article 24(2).’;

5.

Article 20(2) shall be replaced by the following:

‘2.   Where necessary to ensure the uniform application of this Article, implementing rules shall be adopted in accordance with the regulatory procedure referred to in Article 24(2). The method to confirm BSE in ovine and caprine animals shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(3).’;

6.

The first paragraph of Article 23 shall be replaced by the following:

‘After consultation of the appropriate scientific committee on any question which could have an impact on public health, the annexes shall be amended or supplemented and any appropriate transitional measures shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 24(3).’;

7.

Article 23a shall be amended as follows:

(a)

point (a) shall be replaced by the following:

‘(a)

approval of the rapid tests referred to in Article 5(3) third subparagraph, Article 6(1), Article 8(2) and Article 9(3),’;

(b)

the following points shall be added:

‘(k)

extension to other products of animal origin of the provisions of paragraphs 1 to 6 of Article 16;

(l)

adoption of the method to confirm BSE in ovine and caprine animals referred to in Article 20(2);

(m)

amendment or addition to the annexes and adoption of any appropriate transitional measures referred to in Article 23.’

Article 2

This Regulation shall enter into force on the 20th day following 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 Strasbourg, 11 March 2009.

For the European Parliament

The President

H.-G. PÖTTERING

For the Council

The President

A. VONDRA


(1)  OJ C 211, 19.8.2008, p. 47.

(2)  Opinion of the European Parliament of 23 September 2008 (not yet published in the Official Journal) and Council Decision of 16 February 2009.

(3)  OJ L 147, 31.5.2001, p. 1.

(4)  OJ L 184, 17.7.1999, p. 23.

(5)  OJ L 200, 22.7.2006, p. 11.

(6)  OJ C 255, 21.10.2006, p. 1.

(7)  OJ L 404, 30.12.2006, p. 1.


31.3.2009   

EN

Official Journal of the European Union

L 87/157


REGULATION (EC) No 221/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 March 2009

amending Regulation (EC) No 2150/2002 on waste statistics, as regards the implementing powers conferred on the Commission

(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,

Having consulted the European Economic and Social Committee,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (1),

Whereas:

(1)

Regulation (EC) No 2150/2002 (2) provides that certain measures are to 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 (3).

(2)

Decision 1999/468/EC has been amended by Decision 2006/512/EC (4), which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope and designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia by deleting some of those elements or by supplementing the instrument with new non-essential elements.

(3)

In accordance with the statement by the European Parliament, the Council and the Commission (5) on Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure referred to in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

(4)

The Commission should be empowered to define the proper quality evaluation criteria and the contents of the quality reports, to implement the results of the pilot studies and to adapt the contents of the annexes. Since those measures are of general scope and seek to amend non-essential elements of Regulation (EC) No 2150/2002, 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.

(5)

Regulation (EC) No 2150/2002 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2150/2002 is amended as follows:

1.

Article 1(5) shall be replaced by the following:

‘5.   The Commission shall establish a table of equivalence between the statistical nomenclature of Annex III to this Regulation and the list of waste established by Decision 2000/532/EC (6). This measure, designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(3) of this Regulation.

2.

Article 3(1) shall be replaced by the following:

‘1.   Member States shall, whilst complying with conditions as to quality and accuracy to be defined in accordance with the second subparagraph, acquire the data necessary for the specification of the characteristics listed in Annexes I and II by means of:

surveys,

administrative or other sources, such as the reporting obligations under Community legislation on waste management,

statistical estimation procedures on the basis of samples or waste-related estimators, or

a combination of these means.

The quality and accuracy conditions shall be defined by the Commission. Those measures, designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(3).

In order to reduce response burdens, the national authorities and the Commission shall, subject to the limits and the conditions fixed by each Member State and by the Commission in their respective fields of competence, have access to administrative data sources.’;

3.

In Article 4(3), the second subparagraph shall be replaced by the following:

‘The Commission shall finance up to 100 % of the costs for conducting the pilot studies. On the basis of the conclusions of the pilot studies, the Commission shall adopt the necessary implementing measures. Those measures, designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(3) of this Regulation.’;

4.

Article 5(4) shall be replaced by the following:

‘4.   On the basis of the conclusions of the pilot studies, the Commission shall inform the European Parliament and the Council of the possibilities of compiling statistics for the activities and characteristics covered by the pilot studies for import and export of waste. The Commission shall adopt the necessary implementing measures. Those measures, designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(3).’;

5.

Article 6 shall be replaced by the following:

‘Article 6

Implementing measures

1.   The measures necessary for the implementation of this Regulation shall be adopted in accordance with the regulatory procedure referred to in Article 7(2).

In particular, these shall include measures:

(a)

for the production of results in accordance with Article 3(2), (3) and (4), taking into account the economic structures and technical conditions in a Member State. Such measures may allow an individual Member State not to report certain items in the breakdown, provided the impact on the quality of the statistics is proven to be limited. In all cases where exemptions are given, the total amount of waste for each item listed in Sections 2(1) and 8(1) of Annex I shall be compiled;

(b)

for setting out the appropriate format for the transmission of results by Member States within two years from the date of entry into force of this Regulation.

2.   However, measures designed to amend non-essential elements of this Regulation, inter alia by supplementing it, relating in particular to the following purposes, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(3):

(a)

for adjustment to economic and technical developments in the collection and statistical processing of data, as well as the processing and the transmission of results;

(b)

for adaptation of the specifications listed in Annexes I, II and III;

(c)

for the definition of the proper quality evaluation criteria and the contents of the quality reports as referred to in Section 7 of Annexes I and II;

(d)

for implementation of the results of the pilot studies, as specified in Article 4(3) and Article 5(1).’;

6.

Article 7 shall be replaced by the following:

‘Article 7

Committee procedure

1.   The Commission shall be assisted by the Statistical Programme Committee established by Article 1 of Decision 89/382/EEC, Euratom (7).

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.   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.

4.   The Commission shall transmit to the Committee set up by Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste (8) the draft measures that it intends to submit to the Statistical Programme Committee.

7.

Article 8(3) shall be replaced by the following:

‘3.   The Commission shall, within two years after the entry into force of this Regulation, submit to the European Parliament and the Council a report on the progress of the pilot studies referred to in Article 4(3) and Article 5(1). If necessary, it shall propose revisions of the pilot studies, to be decided upon in accordance with the regulatory procedure with scrutiny referred to in Article 7(3).’;

8.

Annex I shall be amended as follows:

(a)

Section 2(2) shall be replaced by the following:

‘2.

In accordance with the reporting obligation under Directive 94/62/EC, the Commission will draw up a programme for pilot studies to be carried out on a voluntary basis by Member States in order to assess the relevance of including packaging waste entries (EWC-Stat Version 3) in the breakdown list set out in point 1. The Commission will finance up to 100 % of the costs for conducting these pilot studies. On the basis of the conclusions of the pilot studies, the Commission will adopt the necessary implementing measures. Those measures, designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(3).’;

(b)

Section 7(1) shall be replaced by the following:

‘1.

For each item listed in Section 8 (activities and households), Member States will indicate the percentage to which the compiled statistics represent the universe of waste of the respective item. The minimum requirement for the coverage will be defined by the Commission. Those measures, designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(3).’;

9.

Annex II shall be amended as follows:

(a)

Section 7(1) shall be replaced by the following:

‘1.

For the characteristics listed in Section 3, and for each item amongst the types of operations listed in Section 8(2), Member States will indicate the percentage to which the compiled statistics represent the universe of waste of the respective item. The minimum requirement for the coverage will be defined by the Commission. Those measures, designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(3).’;

(b)

Section 8(3) shall be replaced by the following:

‘3.

The Commission will draw up a programme for pilot studies, to be carried out on a voluntary basis by Member States. The pilot studies will aim to assess the relevance and feasibility of obtaining data on the amounts of waste conditioned by preparatory operations, as defined in Annexes II.A and II.B of Directive 2006/12/EC. The Commission will finance up to 100 % of the costs for conducting these pilot studies. On the basis of the conclusions of the pilot studies, the Commission will adopt the necessary implementing measures. Those measures, designed to amend non-essential elements of this Regulation, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 7(3).’.

Article 2

This Regulation shall enter into force on the 20th day following 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 Strasbourg, 11 March 2009.

For the European Parliament

The President

H.-G. PÖTTERING

For the Council

The President

A. VONDRA


(1)  Opinion of the European Parliament of 23 September 2008 (not yet published in the Official Journal) and Council Decision of 26 February 2009.

(2)  OJ L 332, 9.12.2002, p. 1.

(3)  OJ L 184, 17.7.1999, p. 23.

(4)  OJ L 200, 22.7.2006, p. 11.

(5)  OJ C 255, 21.10.2006, p. 1.

(6)  OJ L 226, 6.9.2000, p. 3.’;

(7)  OJ L 181, 28.6.1989, p. 47.

(8)  OJ L 114, 27.4.2006, p. 9.’;


31.3.2009   

EN

Official Journal of the European Union

L 87/160


REGULATION (EC) No 222/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 March 2009

amending Regulation (EC) No 638/2004 on Community statistics relating to the trading of goods between Member States

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)

Regulation (EC) No 638/2004 of the European Parliament and of the Council (2) lays down the basic provisions for Community statistics relating to the trading of goods between Member States.

(2)

In the framework of the Commission Communication of 14 November 2006 on the reduction of the response burden, simplification and priority-setting in the field of Community statistics, Intrastat, the system for collecting Community statistics relating to the trading of goods between Member States, was identified as an area where simplification is possible and desirable.

(3)

Immediate action to reduce the statistical burden can be taken by lowering the coverage rate of data collected through Intrastat. This can be done by raising the thresholds below which parties are exempted from providing Intrastat information. As a consequence, the share of statistics based on estimates made by the national authorities will increase.

(4)

For long-term efficiency, other steps to reduce the statistical burden further, while maintaining statistics which meet the quality indicators and standards in force, should be considered. Such steps could include the further reduction of the compulsory minimum coverage rates of total dispatches and total arrivals, as well as the possible future introduction of a single flow system. For these purposes, the value, the viability and the impact on quality of such steps should be further investigated by the Commission.

(5)

Member States should provide the Commission (Eurostat) with annual aggregated data on trade broken down by business characteristics. Users will thus be provided with new statistical information on relevant economic issues, and a new type of analysis will become possible, for example the analysis of how European companies operate in the context of globalisation, without this imposing new statistical requirements on reporting companies. The link between business and trade statistics should be established by merging the information from the register of intra-Community operators with information requested by Regulation (EC) No 177/2008 of the European Parliament and of the Council of 20 February 2008 establishing a common framework for business registers for statistical purposes (3).

(6)

The implementing powers for lowering the minimum trade coverage should be conferred on the Commission. Such implementing powers should ensure flexibility for possible future changes based on a regular assessment of the thresholds in close collaboration with the national authorities in order to find an optimal trade-off between the statistical burden and the accuracy of data.

(7)

Lowering the minimum trade coverage calls for measures to compensate for the less complete collection of data and hence the negative impact on quality, especially the accuracy of data. Power should be conferred on the Commission to tighten the quality arrangements of the Member States and in particular to define the criteria for estimating the trade not collected through Intrastat.

(8)

Regulation (EC) No 638/2004 provides that certain measures are to 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).

(9)

Decision 1999/468/EC has been amended by Decision 2006/512/EC (5), which introduced the regulatory procedure with scrutiny for the adoption of measures of general scope and designed to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia, by deleting some of those elements or by supplementing the instrument with new non-essential elements.

(10)

In accordance with the statement by the European Parliament, the Council and the Commission (6) concerning Decision 2006/512/EC, for the regulatory procedure with scrutiny to be applicable to instruments adopted in accordance with the procedure referred to in Article 251 of the Treaty which are already in force, those instruments must be adjusted in accordance with the applicable procedures.

(11)

In particular, the Commission should be empowered to adopt different or specific rules applying to specific goods or movements; to adapt the reference period to take into account the linkage with value added tax and customs obligations; to determine the arrangements for the collection of the information to be collected by the national authorities, particularly the codes to be employed; to adapt the minimum Intrastat coverage to technical and economic developments; to define the conditions under which Member States may simplify the information to be provided for small individual transactions; to define the aggregated data to be transmitted and the criteria with which the results of the estimates are to comply; to adopt implementing provisions for compiling the statistics by linking data on business characteristics recorded under Regulation (EC) No 177/2008 with the statistics on dispatches and arrivals of goods; and to take any other steps necessary to ensure the quality of the data. Since those measures are of general scope and are designed to amend non-essential elements of Regulation (EC) No 638/2004, 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.

(12)

Regulation (EC) No 638/2004 should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 638/2004 is hereby amended as follows:

1.

in Article 3, paragraph 4 shall be replaced by the following:

‘4.   The Commission may adopt different or specific rules applying to specific goods or movements. Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3).’;

2.

in Article 6, paragraph 2 shall be replaced by the following:

‘2.   The reference period may be adapted by the Commission to take into account the linkage with value added tax (VAT) and customs obligations. Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3).’;

3.

in Article 7, paragraph 1 shall be replaced by the following:

‘1.   The parties responsible for providing the information for the Intrastat system shall be:

(a)

the taxable person as defined in Title III of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (7), in the Member State of dispatch, who:

(i)

has concluded the contract, with the exception of transport contracts, giving rise to the dispatch of goods or, failing that;

(ii)

dispatches or provides for the dispatch of the goods or, failing that;

(iii)

is in possession of the goods which are the subject of the dispatch;

or its tax representative in accordance with Article 204 of Directive 2006/112/EC; and

(b)

the taxable person as defined in Title III of Directive 2006/112/EC, in the Member State of arrival, who:

(i)

has concluded the contract, with the exception of transport contracts, giving rise to the delivery of goods or, failing that;

(ii)

takes delivery or provides for delivery of the goods or, failing that;

(iii)

is in possession of the goods which are the subject of the delivery;

or its tax representative in accordance with Article 204 of Directive 2006/112/EC.’;

4.

in Article 8(2), point (a) shall be replaced by the following:

‘(a)

at least once a month, with the lists of taxable persons who have declared that, during the period in question, they have supplied goods to other Member States or acquired goods from other Member States. The lists shall show the total values of the goods declared by each taxable person for fiscal purposes;’

5.

Article 9(1) shall be amended as follows:

(a)

point (a) of the first subparagraph shall be replaced by the following:

‘(a)

the individual identification number allocated to the party responsible for providing information in accordance with Article 214 of Directive 2006/112/EC;’

(b)

the second subparagraph shall be replaced by the following:

‘Definitions of the statistical data referred to in points (e) to (h) are given in the Annex. Where necessary, the Commission shall determine the arrangements for the collection of that information, particularly the codes to be employed. Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3).’;

6.

Article 10 shall be amended as follows:

(a)

paragraph 3 shall be replaced by the following:

‘3.   The thresholds below which parties are exempted from providing any Intrastat information shall be set at a level that ensures that the value of at least 97 % of the total dispatches and at least 95 % of the total arrivals of the relevant Member State's taxable persons is covered.

The Commission shall adapt those Intrastat coverage rates to technical and economic developments, whenever it is possible to reduce them while maintaining statistics which meet the quality indicators and standards in force. Those measures, designed to amend non-essential elements of this Regulation, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3).’;

(b)

in paragraph 4, the second subparagraph shall be replaced by the following:

‘The Commission shall specify the conditions for defining those thresholds. Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3).’;

(c)

paragraph 5 shall be replaced by the following:

‘5.   Member States may under certain conditions, which meet quality requirements, simplify the information to be provided for small individual transactions. The conditions shall be defined by the Commission. Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3).’;

7.

Article 11 shall be replaced by the following:

‘Article 11

Statistical confidentiality

Only where the party or parties that have provided information so request shall the national authorities decide whether statistical results which may make it possible to identify the said provider(s) are to be disseminated or are to be amended in such a way that their dissemination does not prejudice statistical confidentiality.’;

8.

Article 12 shall be amended as follows:

(a)

in paragraph 1, point (a) shall be replaced by the following:

‘(a)

40 calendar days after the end of the reference month for the aggregated data to be defined by the Commission. Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3).’;

(b)

in paragraph 2, the following sentences shall be added:

‘The results of the estimates shall comply with criteria defined by the Commission. Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3).’;

(c)

the following paragraph shall be added:

‘4.   Member States shall transmit to the Commission (Eurostat) annual statistics on trade by business characteristics, namely economic activity carried out by the enterprise according to the section or two-digit level of the common statistical classification of economic activities in the European Community (NACE), as established by Regulation (EC) No 1893/2006 of the European Parliament and of the Council (8), and size-class measured in terms of number of employees.

Those statistics shall be compiled by linking data on business characteristics recorded according to Regulation (EC) No 177/2008 of the European Parliament and of the Council of 20 February 2008 establishing a common framework for business registers for statistical purposes (9) with the statistics referred to in Article 3 of this Regulation.

Implementing provisions for compiling those statistics shall be determined by the Commission. Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3).

(9)

Article 13 is replaced by the following:

‘Article 13

Quality

1.   For the purposes of this Regulation, the following quality criteria shall apply to the statistics to be transmitted:

(a)

“relevance”, which refers to the degree to which statistics meet current and potential needs of the users;

(b)

“accuracy”, which refers to the closeness of estimates to the unknown true values;

(c)

“timeliness”, which refers to the period between the availability of the information and the event or phenomenon it describes;

(d)

“punctuality”, which refers to the delay between the date of release of the data and the target date (the date by which the data should have been delivered);

(e)

“accessibility” and “clarity”, which refer to the conditions and modalities by which users can obtain, use and interpret data;

(f)

“comparability”, which refers to the measurement of the impact of differences in applied statistical concepts, measurement tools and procedures where statistics are compared between geographical areas, sectoral domains or over time;

(g)

“coherence”, which refers to the adequacy of the data to be reliably combined in different ways and for various uses.

2.   Member States shall provide the Commission (Eurostat) with an annual report on the quality of the statistics transmitted.

3.   In applying the quality criteria laid down in paragraph 1 to the statistics covered by this Regulation, the modalities and structure of the quality reports shall be defined in accordance with the regulatory procedure referred to in Article 14(2).

The Commission (Eurostat) shall assess the quality of the statistics transmitted.

4.   The Commission shall determine any measures necessary to ensure the quality of the statistics transmitted according to the quality criteria. Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 14(3).’;

(10)

in Article 14, paragraph 3 shall be replaced by the following:

‘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.’;

(11)

in the Annex, Section 3, point (a) shall be replaced by the following:

‘(a)

the taxable amount, which is the value to be determined for taxation purposes in accordance with Directive 2006/112/EC;’.

Article 2

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.

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

Done at Strasbourg, 11 March 2009.

For the European Parliament

The President

H.-G. PÖTTERING

For the Council

The President

A. VONDRA


(1)  Opinion of the European Parliament of 21 October 2008 (not yet published in the Official Journal) and Council Decision of 19 February 2009.

(2)  OJ L 102, 7.4.2004, p. 1.

(3)  OJ L 61, 5.3.2008, p. 6.

(4)  OJ L 184, 17.7.1999, p. 23.

(5)  OJ L 200, 22.7.2006, p. 11.

(6)  OJ C 255, 21.10.2006, p. 1.

(7)  OJ L 347, 11.12.2006, p. 1.

(8)  OJ L 393, 30.12.2006, p. 1.

(9)  OJ L 61, 5.3.2008, p. 6.’;


31.3.2009   

EN

Official Journal of the European Union

L 87/164


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

(Text with relevance for the EEA and for Switzerland)

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,

Having regard to the opinion of the European Central Bank (1),

Having regard to the opinion of the European Data Protection Supervisor (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

(1)

To ensure the coherence and comparability of European statistics produced in accordance with the principles laid down in Article 285(2) of the Treaty, cooperation and coordination should be reinforced between the authorities that contribute to the development, production and dissemination of European statistics.

(2)

To that effect, the cooperation and coordination of those authorities should be developed in a more systematic and organised manner with full respect to the national and Community powers and institutional arrangements and taking into account the need to revise the existing basic legal framework in order to adapt it to the current reality, to better respond to future challenges, and to ensure a better harmonisation of European statistics.

(3)

It is therefore necessary to consolidate the activities of the European Statistical System (ESS) and to improve its governance, in particular with a view to further clarifying the respective roles of the national statistical institutes (NSIs) and other national authorities, and of the Community statistical authority.

(4)

Because of the specificity of the NSIs and the other national authorities responsible in each Member State for developing, producing and disseminating European statistics, they should be able to receive grants without a call for proposals in accordance with Article 168(1)(d) of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4).

(5)

Taking into account the financial burden-sharing between the budgets of the European Union and the Member States relating to the implementation of the statistical programme, the Community should also, in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), make financial contributions to the NSIs and other national authorities in order to cover fully the incremental costs that the NSIs and other national authorities may incur in the execution of the temporary direct statistical actions decided by the Commission.

(6)

The statistical authorities of the Member States of the European Free Trade Association party to the Agreement on the European Economic Area (6) and of Switzerland should, as provided respectively for in the Agreement on the European Economic Area, in particular Article 76 thereof and Protocol 30 to that Agreement, and in the Agreement between the European Community and the Swiss Confederation on cooperation in the field of statistics (7), in particular Article 2 thereof, be closely associated with the reinforced cooperation and coordination.

(7)

Furthermore, it is important to ensure close cooperation and appropriate coordination between the ESS and the European System of Central Banks (ESCB), notably to foster the exchange of confidential data between the two systems for statistical purposes, in the light of Article 285 of the Treaty and of Article 5 of the Protocol (No 18) on the Statute of the European System of Central Banks and the European Central Bank annexed to the Treaty.

(8)

European statistics will thus be developed, produced and disseminated by both the ESS and the ESCB but under separate legal frameworks reflecting their respective governance structures. This Regulation should therefore apply without prejudice to Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank (8).

(9)

Consequently, and although the members of the ESCB do not participate in the production of European statistics pursuant to this Regulation, following an agreement between a national central bank and the Community statistical authority, within their respective spheres of competence and without prejudice to national arrangements between the national central bank and the NSI or other national authorities, data produced by the national central bank may, however, be used, directly or indirectly, by NSIs, other national authorities and the Community statistical authority, for the production of European statistics. Similarly, the members of the ESCB may, within their respective spheres of competence, use, directly or indirectly, data produced by the ESS, as long as the necessity has been justified.

(10)

In the general context of the relations between the ESS and the ESCB, the Committee on monetary, financial and balance of payments statistics established by Council Decision 2006/856/EC (9) plays an important role, in particular through the assistance provided to the Commission in drawing up and implementing work programmes concerning monetary, financial and balance of payments statistics.

(11)

International recommendations and best practices should be taken into account in the development, production and dissemination of European statistics.

(12)

It is important to ensure close cooperation and appropriate coordination between the ESS and other actors in the international statistical system in order to promote the use of international concepts, classifications and methods, in particular with a view to ensuring more coherence and better comparability between statistics at a global level.

(13)

In order to align concepts and methodologies in statistics, an adequate interdisciplinary cooperation with academic institutions should be developed.

(14)

The operation of the ESS also needs to be reviewed as more flexible development, production and dissemination methods of European statistics and clear priority-setting are required in order to reduce the burden on respondents and members of the ESS and improve the availability and timeliness of European statistics. A European approach to statistics should be designed to this end.

(15)

While European statistics are usually based on national data produced and disseminated by the national statistical authorities of all Member States, they may also be produced from non-published national contributions, subsets of national contributions, specifically designed European statistical surveys or harmonised concepts or methods.

(16)

In those specific cases, and where duly justified, it should be possible to implement a European approach to statistics, which consists of a pragmatic strategy to facilitate the compilation of European statistical aggregates, representing the European Union as a whole or the euro area as a whole, which are of particular importance for Community policies.

(17)

Joint structures, tools and processes could also be established or further developed through collaborative networks, involving the NSIs or other national authorities and the Community statistical authority and facilitating specialisation by certain Member States in specific statistical activities for the benefit of the ESS as a whole. These collaborative networks between partners of the ESS should aim to avoid duplication of work and therefore increase efficiency and reduce the response burden on economic operators.

(18)

At the same time, particular attention should be paid to coherent treatment of data collected from a variety of surveys. To this end, interdisciplinary working groups should be established.

(19)

The improved regulatory environment for European statistics should, in particular, respond to the need to minimise the response burden on survey respondents and contribute to the more general objective of a reduction of administrative burdens arising at European level, in line with the Presidency Conclusions of the European Council of 8 and 9 March 2007. The important role played by the NSIs and other national authorities in minimising burdens on European businesses at national level should, however, also be emphasised.

(20)

In order to enhance trust in European statistics, the national statistical authorities should in each Member State, as should the Community statistical authority within the Commission, enjoy professional independence and ensure impartiality and high quality in the production of European statistics, in accordance with the principles laid down in Article 285(2) of the Treaty as well as the principles further elaborated in the European statistics Code of Practice endorsed by the Commission in its Recommendation of 25 May 2005 on the independence, integrity and accountability of the national and Community statistical authorities (incorporating the European statistics Code of Practice). The Fundamental Principles of Official Statistics adopted by the United Nations Economic Commission for Europe on 15 April 1992 and by the United Nations Statistical Commission on 14 April 1994 should also be taken into account.

(21)

This Regulation ensures the right to respect for private and family life and to the protection of personal data, as set out in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union (10).

(22)

This Regulation also ensures the protection of individuals as regards the processing of personal data and specifies, as far as European statistics are concerned, the rules laid down in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (11) and in Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (12).

(23)

The confidential information which the national and Community statistical authorities collect for the production of European statistics should be protected, in order to gain and maintain the confidence of the parties responsible for providing that information. The confidentiality of data should satisfy the same principles in all the Member States.

(24)

For that purpose, it is necessary to establish common principles and guidelines ensuring the confidentiality of data used for the production of European statistics and the access to those confidential data with due account for technical developments and the requirements of users in a democratic society.

(25)

The availability of confidential data for the needs of the ESS is of particular importance in order to maximise the benefits of the data with the aim of increasing the quality of European statistics and to ensure a flexible response to the newly emerging Community statistical needs.

(26)

The research community should enjoy wider access to confidential data used for the development, production and dissemination of European statistics, for analysis in the interest of scientific progress in Europe. Access to confidential data by researchers for scientific purposes should therefore be improved without compromising the high level of protection that confidential statistical data require.

(27)

The use of confidential data for purposes that are not exclusively statistical, such as administrative, legal or tax purposes, or for the verification against the statistical units should be strictly prohibited.

(28)

This Regulation should apply without prejudice to Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information (13) and to Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (14).

(29)

Since the objective of this Regulation, namely the establishment of a legal framework for the development, production and dissemination of European statistics, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective, and is therefore without prejudice to national modalities, roles, and conditions specific to national statistics.

(30)

The measures necessary for the implementation of this Regulation 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 (15).

(31)

In particular, the Commission should be empowered to adopt measures concerning the quality criteria for European statistics and to establish the modalities, rules and conditions under which access can be given to confidential data for scientific purposes at Community level. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation 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.

(32)

The measures set out in this Regulation should replace those in Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council (16), Council Regulation (EC) No 322/97 (17) and Council Decision 89/382/EEC, Euratom (18). Those acts should therefore be repealed. The implementing measures set out in Commission Regulation (EC) No 831/2002 of 17 May 2002 implementing Council Regulation (EC) No 322/97 on Community Statistics, concerning access to confidential data for scientific purposes (19) and Commission Decision 2004/452/EC of 29 April 2004 laying down a list of bodies whose researchers may access confidential data for scientific purposes (20) should continue to apply.

(33)

The Statistical Programme Committee has been consulted,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter and scope

This Regulation establishes a legal framework for the development, production and dissemination of European statistics.

In compliance with the principle of subsidiarity and in accordance with the independence, integrity and accountability of the national and the Community authorities, European statistics are relevant statistics necessary for the performance of the activities of the Community. European statistics are determined in the European statistical programme. They shall be developed, produced and disseminated in conformity with the statistical principles as set out in Article 285(2) of the Treaty and further elaborated in the European statistics Code of Practice in accordance with Article 11. They shall be implemented in accordance with this Regulation.

Article 2

Statistical principles

1.   The development, production and dissemination of European statistics shall be governed by the following statistical principles:

(a)

‘professional independence’, meaning that statistics must be developed, produced and disseminated in an independent manner, particularly as regards the selection of techniques, definitions, methodologies and sources to be used, and the timing and content of all forms of dissemination, free from any pressures from political or interest groups or from Community or national authorities, without prejudice to institutional settings, such as Community or national institutional or budgetary provisions or definitions of statistical needs;

(b)

‘impartiality’, meaning that statistics must be developed, produced and disseminated in a neutral manner, and that all users must be given equal treatment;

(c)

‘objectivity’, meaning that statistics must be developed, produced and disseminated in a systematic, reliable and unbiased manner; it implies the use of professional and ethical standards, and that the policies and practices followed are transparent to users and survey respondents;

(d)

‘reliability’, meaning that statistics must measure as faithfully, accurately and consistently as possible the reality that they are designed to represent and implying that scientific criteria are used for the selection of sources, methods and procedures;

(e)

‘statistical confidentiality’, meaning the protection of confidential data related to single statistical units which are obtained directly for statistical purposes or indirectly from administrative or other sources and implying the prohibition of use for non-statistical purposes of the data obtained and of their unlawful disclosure;

(f)

‘cost effectiveness’, meaning that the costs of producing statistics must be in proportion to the importance of the results and the benefits sought, that resources must be optimally used and the response burden minimised. The information requested shall, where possible, be readily extractable from available records or sources.

The statistical principles set out in this paragraph are further elaborated in the Code of Practice in accordance with Article 11.

2.   The development, production and dissemination of European statistics shall take into account international recommendations and best practice.

Article 3

Definitions

For the purposes of this Regulation, the following definitions shall apply:

1.

‘statistics’ means quantitative and qualitative, aggregated and representative information characterising a collective phenomenon in a considered population;

2.

‘development’ means the activities aiming at setting up, strengthening and improving the statistical methods, standards and procedures used for the production and dissemination of statistics as well as at designing new statistics and indicators;

3.

‘production’ means all the activities related to the collection, storage, processing, and analysis necessary for compiling statistics;

4.

‘dissemination’ means the activity of making statistics and statistical analysis accessible to users;

5.

‘data collection’ means surveys and all other methods of deriving information from different sources, including administrative sources;

6.

‘statistical unit’ means the basic observation unit, namely a natural person, a household, an economic operator and other undertakings, referred to by the data;

7.

‘confidential data’ means data which allow statistical units to be identified, either directly or indirectly, thereby disclosing individual information. To determine whether a statistical unit is identifiable, account shall be taken of all relevant means that might reasonably be used by a third party to identify the statistical unit;

8.

‘use for statistical purposes’ means the exclusive use for the development and production of statistical results and analyses;

9.

‘direct identification’ means the identification of a statistical unit from its name or address, or from a publicly accessible identification number;

10.

‘indirect identification’ means the identification of a statistical unit by any other means than by way of direct identification;

11.

‘officials of the Commission (Eurostat)’ means the officials of the Communities, within the meaning of Article 1 of the Staff Regulations of Officials of the European Communities, working at the Community statistical authority;

12.

‘other staff of the Commission (Eurostat)’ means the servants of the Communities, within the meaning of Articles 2 to 5 of the Conditions of Employment of Other Servants of the European Communities, working at the Community statistical authority.

CHAPTER II

STATISTICAL GOVERNANCE

Article 4

The European Statistical System

The European Statistical System (ESS) is the partnership between the Community statistical authority, which is the Commission (Eurostat), and the national statistical institutes (NSIs) and other national authorities responsible in each Member State for the development, production and dissemination of European statistics.

Article 5

National statistical institutes and other national authorities

1.   The national statistical authority designated by each Member State as the body having the responsibility for coordinating all activities at national level for the development, production and dissemination of European statistics (the NSI) shall act as the contact point for the Commission (Eurostat) on statistical matters. The Member States shall take the necessary measures to ensure the application of this provision.

2.   The Commission (Eurostat) shall maintain and publish on its website a list of NSIs and other national authorities responsible for the development, production and dissemination of European statistics as designated by Member States.

3.   The NSIs and the other national authorities included in the list referred to in paragraph 2 of this Article may receive grants without a call for proposals, in accordance with Article 168(1)(d) of Regulation (EC, Euratom) No 2342/2002.

Article 6

Commission (Eurostat)

1.   The Community statistical authority, as designated by the Commission to develop, produce and disseminate European statistics, shall be referred to as ‘the Commission (Eurostat)’ in this Regulation.

2.   At Community level, the Commission (Eurostat) shall ensure the production of European statistics according to established rules and statistical principles. In this respect, it shall have the sole responsibility for deciding on processes, statistical methods, standards and procedures, and on the content and timing of statistical releases.

3.   Without prejudice to Article 5 of the Protocol on the Statute of the European System of Central Banks (ESCB) and the European Central Bank, the Commission (Eurostat) shall coordinate the statistical activities of the institutions and bodies of the Community, in particular with a view to ensuring consistency and quality of the data and minimising reporting burden. To that end, the Commission (Eurostat) may invite any institution or body of the Community to consult or cooperate with it for the purpose of developing methods and systems for statistical purposes in their respective field of competence. Any of those institutions or bodies which propose to produce statistics shall consult the Commission (Eurostat) and take into account any recommendation that it may make to this effect.

Article 7

European Statistical System Committee

1.   The European Statistical System Committee (ESS Committee) is hereby established. It shall provide professional guidance to the ESS for developing, producing and disseminating European statistics in line with the statistical principles set out in Article 2(1).

2.   The ESS Committee shall be composed of the representatives of the NSIs who are national specialists for statistics. It shall be chaired by the Commission (Eurostat).

3.   The ESS Committee shall adopt its rules of procedure, which shall reflect its tasks.

4.   The ESS Committee shall be consulted by the Commission in regard to:

(a)

the measures which the Commission intends to take for the development, production and dissemination of European statistics, their justification on a cost-effectiveness basis, the means and timetables for achieving them, the response burden on survey respondents;

(b)

proposed developments and priorities in the European statistical programme;

(c)

initiatives to bring into practice the reprioritisation and reduction of the response burden;

(d)

issues concerning statistical confidentiality;

(e)

the further development of the Code of Practice; and

(f)

any other question, in particular issues of methodology, arising from the establishment or implementation of statistical programmes that are raised by its Chair, either on its own initiative or at the request of a Member State.

Article 8

Cooperation with other bodies

The European Statistical Advisory Committee and the European Statistical Governance Advisory Board shall be consulted in accordance with their respective competence.

Article 9

Cooperation with the ESCB

To minimise the reporting burden and guarantee the coherence necessary to produce European statistics, the ESS and the ESCB shall cooperate closely, while complying with the statistical principles as set out in Article 2(1).

Article 10

International cooperation

Without prejudice to the position and the role of individual Member States, the position of the ESS as regards issues of particular relevance to European statistics at international level as well as the specific arrangements for representation in the international statistical bodies shall be prepared by the ESS Committee and coordinated by the Commission (Eurostat).

Article 11

European statistics Code of Practice

1.   The Code of Practice shall aim at ensuring public trust in European statistics by establishing how European statistics are to be developed, produced and disseminated in conformity with the statistical principles as set out in Article 2(1) and best international statistical practice.

2.   The Code of Practice shall be reviewed and updated as necessary by the ESS Committee. The Commission shall publish amendments thereto.

Article 12

Statistical quality

1.   To guarantee the quality of results, European statistics shall be developed, produced and disseminated on the basis of uniform standards and of harmonised methods. In this respect, the following quality criteria shall apply:

(a)

‘relevance’, which refers to the degree to which statistics meet current and potential needs of the users;

(b)

‘accuracy’, which refers to the closeness of estimates to the unknown true values;

(c)

‘timeliness’, which refers to the period between the availability of the information and the event or phenomenon it describes;

(d)

‘punctuality’, which refers to the delay between the date of the release of the data and the target date (the date by which the data should have been delivered);

(e)

‘accessibility’ and ‘clarity’, which refer to the conditions and modalities by which users can obtain, use and interpret data;

(f)

‘comparability’, which refers to the measurement of the impact of differences in applied statistical concepts, measurement tools and procedures where statistics are compared between geographical areas, sectoral domains or over time;

(g)

‘coherence’, which refers to the adequacy of the data to be reliably combined in different ways and for various uses.

2.   In applying the quality criteria laid down in paragraph 1 of this Article to the data covered by sectoral legislation in specific statistical domains, the modalities, structure and periodicity of quality reports provided for in sectoral legislation shall be defined by the Commission in accordance with the regulatory procedure referred to in Article 27(2).

Specific quality requirements, such as target values and minimum standards for the statistical production, may be laid down in sectoral legislation. Where sectoral legislation does not so provide, measures may be adopted by the Commission. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27(3).

3.   Member States shall provide the Commission (Eurostat) with reports on the quality of the data transmitted. The Commission (Eurostat) shall assess the quality of data transmitted and shall prepare and publish reports on the quality of European statistics.

CHAPTER III

PRODUCTION OF EUROPEAN STATISTICS

Article 13

European statistical programme

1.   The European statistical programme shall provide the framework for the development, production and dissemination of European statistics, the main fields and the objectives of the actions envisaged for a period not exceeding five years. It shall be decided upon by the European Parliament and the Council. Its impact and cost effectiveness shall be assessed, involving independent experts.

2.   The European statistical programme shall lay down priorities concerning the needs for information for the purpose of carrying out the activities of the Community. Those needs shall be weighed against the resources needed at Community and national level to provide the required statistics, and also against the response burden and the respondent's associated costs.

3.   The Commission shall introduce initiatives to set priorities and reduce the response burden for all or part of the European statistical programme.

4.   The Commission shall submit the draft European statistical programme to the ESS Committee for prior examination.

5.   For each European statistical programme, the Commission shall, after consulting the ESS Committee, present an intermediate progress report and a final evaluation report and shall submit them to the European Parliament and to the Council.

Article 14

Implementation of the European statistical programme

1.   The European statistical programme shall be implemented by individual statistical actions which shall be decided:

(a)

by the European Parliament and the Council;

(b)

by the Commission, in specific and duly justified cases, in particular to meet unexpected needs, in accordance with the provisions in paragraph 2; or

(c)

by means of agreement between the NSIs or other national authorities and the Commission (Eurostat), within their respective spheres of competence. Such agreements shall be in writing.

2.   The Commission may decide on a temporary direct statistical action in accordance with the regulatory procedure referred to in Article 27(2) provided that:

(a)

the action does not provide for data collection covering more than three reference years;

(b)

the data are already available or accessible within the NSIs and other national authorities responsible, or can be obtained directly, using the appropriate samples for the observation of the statistical population at European level with the adequate coordination with the NSIs and other national authorities; and

(c)

the Community shall, in accordance with Regulation (EC, Euratom) No 1605/2002 make financial contributions to the NSIs and other national authorities to cover the incremental costs incurred by them.

3.   In putting forward an action to be decided under paragraph 1(a) or (b), the Commission shall provide information on:

(a)

the reasons justifying the action, notably in the light of the aims of the Community policy concerned;

(b)

the objectives for the action and the expected results;

(c)

a cost-effectiveness analysis, including an assessment of the burden on respondents and of the production costs; and

(d)

the ways in which the action is to be carried out, including its duration and the role of the Commission and the Member States.

Article 15

Collaborative networks

In the individual statistical actions, synergies shall be developed, when possible, within the ESS through collaborative networks, by the sharing of expertise and results or by fostering specialisation on specific tasks. To this end, an adequate financial structure shall be developed.

The outcome of those actions, such as joint structures, tools, processes and methods shall be made available throughout the ESS. The initiatives for the creation of collaborative networks as well as the outcomes shall be examined by the ESS Committee.

Article 16

European approach to statistics

1.   In specific and duly justified cases and within the framework of the European statistical programme, the European approach to statistics aims at:

(a)

maximising the availability of statistical aggregates at European level and improving the timeliness of European statistics;

(b)

reducing the burden on the respondents, the NSIs and other national authorities based on a cost-effectiveness analysis.

2.   The cases where the European approach to statistics is relevant include:

(a)

the production of European statistics by use of:

(i)

non-published national contributions or national contributions from a subset of Member States;

(ii)

specifically designed survey schemes;

(iii)

partial information by modelling techniques;

(b)

the dissemination of statistical aggregates at European level by applying specific statistical disclosure control techniques without national dissemination provisions being impaired.

3.   Measures to implement the European approach to statistics shall be carried out with the full involvement of Member States. The measures for the implementation of the European approach to statistics shall be laid down in the individual statistical actions referred to in Article 14(1).

4.   If necessary, a coordinated release and revision policy shall be established in cooperation with Member States.

Article 17

Annual work programme

Each year, before the end of May, the Commission shall submit to the ESS Committee its work programme for the following year. The Commission shall take the utmost account of the comments of the ESS Committee. That work programme shall be based on the European statistical programme and shall indicate, in particular:

(a)

the actions which the Commission considers to have priority, bearing in mind Community policy needs and both national and Community financial constraints as well as the response burden;

(b)

initiatives regarding the review of priorities and the reduction of the response burden; and

(c)

the procedures and any legal instruments envisaged by the Commission for implementation of the programme.

CHAPTER IV

DISSEMINATION OF EUROPEAN STATISTICS

Article 18

Dissemination measures

1.   The dissemination of European statistics shall be undertaken in full compliance with the statistical principles, as set out in Article 2(1), particularly in respect of protecting statistical confidentiality and ensuring equality of access as required under the principle of impartiality.

2.   The dissemination of European statistics shall be carried out by the Commission (Eurostat), the NSIs and other national authorities, within their respective spheres of competence.

3.   Member States and the Commission, within their respective spheres of competence, shall provide the necessary support to ensure equality of access to European statistics for all users.

Article 19

Public use files

Data on individual statistical units may be disseminated in the form of a public use file consisting of anonymised records which have been prepared in such a way that the statistical unit cannot be identified, either directly or indirectly, when account is taken of all relevant means that might reasonably be used by a third party.

If the data have been transmitted to the Commission (Eurostat) the explicit approval of the NSI or other national authority which provided the data is required.

CHAPTER V

STATISTICAL CONFIDENTIALITY

Article 20

Protection of confidential data

1.   The following rules and measures shall apply to ensure that confidential data are exclusively used for statistical purposes and to prevent their unlawful disclosure.

2.   Confidential data obtained exclusively for the production of European statistics shall be used by the NSIs and other national authorities and by the Commission (Eurostat) exclusively for statistical purposes unless the statistical unit has unambiguously given its consent to the use for any other purposes.

3.   Statistical results which may make it possible to identify a statistical unit may be disseminated by the NSIs and other national authorities and the Commission (Eurostat) in the following exceptional cases:

(a)

where specific conditions and modalities are determined by an act of the European Parliament and of the Council acting in accordance with Article 251 of the Treaty and the statistical results are amended in such a way that their dissemination does not prejudice statistical confidentiality whenever the statistical unit has so requested; or

(b)

where the statistical unit has unambiguously agreed to the disclosure of data.

4.   Within their respective spheres of competence, the NSIs and other national authorities and the Commission (Eurostat) shall take all necessary regulatory, administrative, technical and organisational measures to ensure the physical and logical protection of confidential data (statistical disclosure control).

The NSIs and other national authorities and the Commission (Eurostat) shall take all necessary measures to ensure the harmonisation of principles and guidelines as regards the physical and logical protection of confidential data. Those measures shall be adopted by the Commission in accordance with the regulatory procedure referred to in Article 27(2).

5.   Officials and other staff of the NSIs and other national authorities having access to confidential data shall be subject to compliance with such confidentiality, even after cessation of their functions.

Article 21

Transmission of confidential data

1.   Transmission of confidential data from an ESS authority, as referred to in Article 4, that collected the data to another ESS authority may take place provided that this transmission is necessary for the efficient development, production and dissemination of European statistics or for increasing the quality of European statistics.

2.   Transmission of confidential data between an ESS authority that collected the data and an ESCB member may take place provided that this transmission is necessary for the efficient development, production and dissemination of European statistics or for increasing the quality of European statistics, within the respective spheres of competence of the ESS and the ESCB, and that this necessity has been justified.

3.   Any further transmission beyond the first transmission shall require the explicit authorisation of the authority that collected the data.

4.   National rules on statistical confidentiality shall not be invoked to prevent the transmission of confidential data under paragraphs 1 and 2 where an act of the European Parliament and of the Council acting in accordance with Article 251 of the Treaty provides for the transmission of such data.

5.   Confidential data transmitted in accordance with this Article shall be used exclusively for statistical purposes and only accessible to staff working in statistical activities within their specific domain of work.

6.   The provisions on statistical confidentiality provided for in this Regulation shall apply to all confidential data transmitted within the ESS and between the ESS and the ESCB.

Article 22

Protection of confidential data in the Commission (Eurostat)

1.   Confidential data shall be accessible, subject to the exceptions laid down in paragraph 2, only to officials of the Commission (Eurostat) within their specific domain of work.

2.   The Commission (Eurostat) may in exceptional cases grant access to confidential data to its other staff and to other natural persons working for the Commission (Eurostat) under contract within their specific domain of work.

3.   Persons having access to confidential data shall use these data exclusively for statistical purposes. They shall be subject to this restriction even after cessation of their functions.

Article 23

Access to confidential data for scientific purposes

Access to confidential data which only allow for indirect identification of the statistical units may be granted to researchers carrying out statistical analyses for scientific purposes by the Commission (Eurostat) or by the NSIs or other national authorities, within their respective spheres of competence. If the data have been transmitted to the Commission (Eurostat) the approval of the NSI or other national authority which provided the data is required.

The modalities, rules and conditions for access at Community level shall be established by the Commission. Those measures, designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27(3).

Article 24

Access to administrative records

In order to reduce the burden on respondents, the NSIs and other national authorities and the Commission (Eurostat) shall have access to administrative data sources, from within their respective public administrative system, to the extent that these data are necessary for the development, production and dissemination of European statistics.

The practical arrangements and the conditions for achieving effective access shall be determined where necessary by each Member State and the Commission, within their respective spheres of competence.

Article 25

Data from public sources

Data obtained from sources lawfully available to the public and which remain available to the public according to national legislation shall not be considered confidential for the purpose of dissemination of statistics obtained from those data.

Article 26

Violation of statistical confidentiality

Member States and the Commission shall take appropriate measures to prevent and sanction any violations of statistical confidentiality.

CHAPTER VI

FINAL PROVISIONS

Article 27

Committee

1.   The Commission shall be assisted by the ESS Committee.

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.   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.

Article 28

Repeal

1.   Regulation (EC, Euratom) No 1101/2008 is hereby repealed.

References to the repealed Regulation shall be construed as references to this Regulation.

References to the Committee on Statistical Confidentiality established under the repealed Regulation shall be construed as references to the ESS Committee established by Article 7 of this Regulation.

2.   Regulation (EC) No 322/97 is hereby repealed.

References to the repealed Regulation shall be construed as references to this Regulation.

3.   Decision 89/382/EEC, Euratom is hereby repealed.

References to the Statistical Programme Committee shall be construed as references to the ESS Committee established by Article 7 of this Regulation.

Article 29

Entry into force

This Regulation shall enter into force on the day following 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 Strasbourg, 11 March 2009.

For the European Parliament

The President

H.-G. PÖTTERING

For the Council

The President

A. VONDRA


(1)  OJ C 291, 5.12.2007, p. 1.

(2)  OJ C 308, 3.12.2008, p. 1.

(3)  Opinion of the European Parliament of 19 November 2008 (not yet published in the Official Journal) and Council Decision of 19 February 2009.

(4)  OJ L 357, 31.12.2002, p. 1.

(5)  OJ L 248, 16.9.2002, p. 1.

(6)  OJ L 1, 3.1.1994, p. 3.

(7)  OJ L 90, 28.3.2006, p. 2.

(8)  OJ L 318, 27.11.1998, p. 8.

(9)  OJ L 332, 30.11.2006, p. 21.

(10)  OJ C 364, 18.12.2000, p. 1.

(11)  OJ L 281, 23.11.1995, p. 31.

(12)  OJ L 8, 12.1.2001, p. 1.

(13)  OJ L 41, 14.2.2003, p. 26.

(14)  OJ L 264, 25.9.2006, p. 13.

(15)  OJ L 184, 17.7.1999, p. 23.

(16)  OJ L 304, 14.11.2008, p. 70.

(17)  OJ L 52, 22.2.1997, p. 1.

(18)  OJ L 181, 28.6.1989, p. 47.

(19)  OJ L 133, 18.5.2002, p. 7.

(20)  OJ L 156, 30.4.2004, p. 1; corrected by OJ L 202, 7.6.2004, p. 1.


Corrigenda

31.3.2009   

EN

Official Journal of the European Union

L 87/174


Corrigendum to Regulation (EC) No 1394/2007 of the European Parliament and of the Council of 13 November 2007 on advanced therapy medicinal products and amending Directive 2001/83/EC and Regulation (EC) No 726/2004

( Official Journal of the European Union L 324 of 10 December 2007 )

On page 131, Article 28, Amendments to Directive 2001/83/EC, point 4:

for:

‘4.   in Article 6(1), the first subparagraph shall be replaced by the following:

“No medicinal product may be placed on the market of a Member State unless a marketing authorisation has been issued by the competent authorities of that Member State in accordance with this Directive or an authorisation has been granted in accordance with Regulation (EC) No 726/2004, read in conjunction with Regulation (EC) No 1394/2007.”’,

read:

‘4.   in Article 6(1), the first subparagraph shall be replaced by the following:

“No medicinal product may be placed on the market of a Member State unless a marketing authorisation has been issued by the competent authorities of that Member State in accordance with this Directive or an authorisation has been granted in accordance with Regulation (EC) No 726/2004, read in conjunction with Regulation (EC) No 1901/2006 of the European Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use (1) and Regulation (EC) No 1394/2007.


(1)  OJ L 378, 27.12.2006, p. 1.”’