51995AP0062

A4-0062/95

Proposal for a Council Directive on statistical returns in respect of carriage of goods and passengers by sea (COM(94)0275 - C4-0239/94 - 94/0159(CNS))

The proposal was approved with the following amendments:

(Amendment 29)

First citation

>Original text>

- Having regard to the Treaty establishing the European Community, and in particular Article 213 thereof;

>Text following EP vote>

- Having regard to the Treaty establishing the European Community, and in particular Article 75 and Article 213 thereof;

(Amendment 2)

Recital 1

>Original text>

Whereas to carry out the tasks entrusted to it in the context of the Community maritime policy, the Commission must have at its disposal comparable, reliable, synchronised and regular statistical data on the scale and development of the carriage of goods and passengers by sea to and from the Community, between Member States and for domestic sea transport;

>Text following EP vote>

Whereas to carry out the tasks entrusted to it in the context of the Community maritime policy, the Community institutions, the national, regional and local governments, the economic operators and research bodies must have at their disposal comparable, reliable, synchronised and regular statistical data on the scale and development of the carriage of goods and passengers by sea to and from the Community, between Member States and for domestic sea transport;

(Amendment 25)

Recital 5a (new)

>Text following EP vote>

Whereas the compilation of Community statistics should result in as little extra burden as possible for respondents;

(Amendment 3)

Recital 7

>Original text>

Whereas for the application of this Directive, including the arrangements to adapt it to economic and technical developments, the Statistical Programme Committee, which was set up pursuant to Council Decision 89/382/EEC, Euratom, must be consulted;

>Text following EP vote>

Whereas for the application of this Directive, including the arrangements to adapt it to economic and technical developments, the Statistical Programme Committee, which was set up pursuant to Council Decision 89/382/EEC, Euratom, must be involved;

(Amendment 4)

Recital 8

>Original text>

Whereas, in accordance with the principle of subsidiarity, the creation of common statistical standards enabling the production of harmonized information can only be tackled efficiently at Community level, and that data will be collected in each Member State under the authority of the bodies and institutions in charge of compiling official statistics;

>Text following EP vote>

Whereas, in accordance with the principle of subsidiarity, the creation of common statistical standards enabling the production of harmonized information can only be tackled efficiently at Community level, and whereas data will be collected in each Member State under the responsibility of the bodies and institutions in charge of compiling official statistics;

(Amendment 6)

Article 2(2), second subparagraph

>Original text>

This Directive shall not apply to fish-catching vessels, fish-processing vessels, naval vessels or vessels used by public administration and public services.

>Text following EP vote>

This Directive shall not apply to fish-catching vessels, fish-processing vessels, naval vessels or vessels used for public service purposes.

(Amendment 7)

Article 3(1), introduction

>Original text>

1. The Member States shall compile statistical data relating to the following domains:

>Text following EP vote>

1. The Member States shall compile statistical data on the following statistical categories:

(Amendment 8)

Article 3(2)

>Original text>

2. The characteristics, the statistical variables in each domain, and the nomenclatures for their classification as well as their periodicity of observation, are set out in the Annexes to this Directive.

>Text following EP vote>

2. The data collection characteristics and the nomenclatures for their classification as well as their periodicity of observation, are set out in the Annexes to this Directive.

(Amendment 26)

Article 3(3a) (new)

>Text following EP vote>

3a. Respondents may supply data in form and content in accordance with agreements made within the context of:

- the simplification of trade procedures,

- the International Standards Organization (ISO),

- the CEN,

- international customs regulations.

(Amendment 9)

Article 4(2)

>Original text>

2. Each Member State shall select from this list the ports on its territory necessary to cover at least 90% of the gross tonnage of all sea transport of goods and 90% of all annual movements of passengers using its ports. Any port handling annually more than one million tonnes of goods or recording more than 200 000 passenger movements shall systematically be selected. For each port selected, detailed data are to be provided, in conformity with Annex IX, for the domains (goods and passengers) in which they meet a selection criterion, and with summary data, if appropriate, for the other domain.

>Text following EP vote>

2. Each Member State shall select from this list the ports on its territory necessary to cover at least 90% of the gross tonnage of all sea transport (maritime goods transshipment) of goods and 90% of all annual movements of passengers using its ports. Any port handling annually more than one million tonnes of goods (maritime goods transshipment) or recording more than 200 000 passenger movements shall systematically be selected. For each port selected, detailed data are to be provided, in conformity with Annex IX, for the domains (goods and passengers) in which they meet a selection criterion, and with summary data, if appropriate, for the other domain.

(Amendment 10)

Article 7(2)

>Original text>

2. The results shall be transmitted in the form of a data file from which the data sets defined in Annex IX can be compiled. The data files and the media to be used for transmitting them will be specified by the Commission in accordance with the procedure specified in Article 13.

>Text following EP vote>

2. The results shall be transmitted in accordance with the data sets defined in Annex IX. The Commission shall define technical details for data transmission in accordance with the procedure specified in Article 13.

(Amendment 11)

Article 7(3)

>Original text>

3. The transmission shall take place within 5 months of the end of the period of observation for data of quarterly periodicity and within 8 months for data of annual periodicity. The first transmission shall cover the first quarter of 1995.

>Text following EP vote>

3. The transmission shall take place within 5 months of the end of the period of observation for data of quarterly periodicity and within 8 months for data of annual periodicity. The first transmission shall cover the first quarter of 1996.

(Amendment 12)

Article 8(2)

>Original text>

2. After data have been collected over a period of three years, the Commission shall submit a report to the Council on experience acquired in the work carried out pursuant to this Directive.

>Text following EP vote>

2. Every three years following the entry into force of this Directive the Commission shall submit a report to the budgetary authority on the implementation thereof. The report shall outline the experience acquired, assess the application of the principles of sound financial management and economic practice and carry out a cost/benefit analysis.

(Amendment 13)

Article 12

>Original text>

The arrangements for implementing this Directive, including measures for adaptation to economic and technical developments, in particular:

>Text following EP vote>

The arrangements for implementing this Directive, including measures for adaptation to economic and technical developments, in particular,

>Original text>

- adaptation of the data collection characteristics (Article 3) and of the contents of the Annexes of this Directive;

>Text following EP vote>

- adaptation of the data collection characteristics (Article 3) and of the contents of the Annexes of this Directive;

>Original text>

- a list of ports, coded, updated on a regular basis by the Commission and classified by country and maritime coastal area (Article 4);

>Text following EP vote>

- a list of ports, coded, updated on a regular basis by the Commission and classified by country and maritime coastal area (Article 4);

>Original text>

- the description of the record of a data file and codes for transmission of the results to the Commission (Article 7);

>Text following EP vote>

- the description of the record of a data file and codes for transmission of the results to the Commission (Article 7);

>Original text>

- the end of the transition period (Article 10);

>Text following EP vote>

- the end of transitional periods (Article 10);

>Text following EP vote>

- the suspension of the collection of individual data on passenger transport;

>Original text>

shall be laid down by the Commission in consultation with the Statistical Programme Committee set up by Council Decision 89/382/EEC, Euratom and in accordance with the procedure specified in Article 13.

>Text following EP vote>

shall be laid down by the Commission with the involvement of the Statistical Programme Committee set up by Council Decision 89/382/EEC, Euratom and in accordance with the procedure specified in Article 13.

(Amendment 14)

Article 13

>Original text>

The Commission representative shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time-limit which the chairman may lay down according to the urgency of the matter in question, if necessary by taking a vote.

The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to request that its position be recorded in the minutes.

The Commission shall take the utmost account of the opinion issued by the Committee. It shall inform the Committee of how its opinion has been taken into account.

>Text following EP vote>

1. The Commission representative shall submit to the Committee a draft of the measures to be taken . The Committee shall deliver its opinion on the draft, within a time-limit which the chairman may lay down according to the urgency of the matter in question. The opinion shall be adopted by the majority laid down in Article 148(2) of the EC Treaty for the adoption of decisions to be taken by the Council on a proposal from the Commission. During the vote in the Committee, the votes of the representatives of the Member States shall be weighted in accordance with that Article. The chairman shall not vote.

2. The Commission shall adopt the intended measures if the measures are in accordance with the opinion of the Committee.

Where the intended measures are not in accordance with the opinion of the Committee, or where no opinion has been delivered, the Commission shall immediately submit to the Council a proposal for the measures to be taken. The Council shall act by a qualified majority.

>Text following EP vote>

If the Council has taken no decision within three months of the matter being submitted to it, the proposed measures shall be adopted by the Commission unless the Council takes a different decision by simple majority.

(Amendment 15)

Article 14(1)

>Original text>

1. The Member States shall adopt legal and administrative provisions necessary to comply with this directive by 1 January 1995 at the latest. They shall immediately inform the Commission thereof.

>Text following EP vote>

1. The Member States shall adopt legal and administrative provisions necessary to comply with this directive by 1 January 1996 at the latest. They shall immediately inform the Commission thereof.

(Amendment 27)

ANNEX I, STATISTICAL VARIABLES (a) 6th indent

>Original text>

- for inward cargo: the port of loading (i.e. the port in which the cargo was loaded onto the ship in which it arrived in the reporting port) using individual ports in the European Economic Area shown in the Port List, and the Maritime Coastal Areas outside the European Economic Area shown in Annex IV,

>Text following EP vote>

- for inward cargo:

1. the port of loading (i.e. the port in which the cargo was loaded onto the ship in which it arrived in the reporting port) using individual ports in the European Economic Area shown in the Port List, and the Maritime Coastal Areas outside the European Economic Area shown in Annex IV,

2. the final port of destination of the cargo in the case of onward transport by sea using individual ports in the European Economic Area shown in the Port List and, outside the European Economic Area, the Maritime Coastal Areas shown in Annex IV.

(Amendment 28)

ANNEX I, STATISTICAL VARIABLES (a) 7th indent

>Original text>

- for outward cargo: the port of unloading (i.e. the port in which the cargo is to be unloaded from the ship in which it left the reporting port) using individual ports in the European Economic Area shown in the Port List, and the Maritime Coastal Areas outside the European Economic Area shown in Annex IV,

>Text following EP vote>

- for outward cargo:

1. the port of unloading (i.e. the port in which the cargo is to be unloaded from the ship in which it left the reporting port) using individual ports in the European Economic Area shown in the Port List, and the Maritime Coastal Areas outside the European Economic Area shown in Annex IV,

2. the port of origin of the cargo in the case of prior transport by sea using individual ports in the European Economic Area shown in the Port List and, outside the European Economic Area, the Maritime Coastal Areas shown in Annex IV,

(Amendment 16)

ANNEX I, STATISTICAL VARIABLES (a) 8th indent

>Original text>

- nationality of transport operator, using the Geonomenclature shown in Annex V,

>Text following EP vote>

- nationality of ship operator (shipowner), using the Geonomenclature shown in Annex V,

(Amendment 17)

ANNEX I, STATISTICAL VARIABLES (b) indent 2a (new)

>Text following EP vote>

- gross tonnage;

(Amendment 18)

ANNEX I, DEFINITIONS (f)

>Original text>

(f) Maritime transport operator: the person responsible for the movement of cargo or passengers using the vessel. When acting as a third-party service provider, he is remunerated via the freight charges paid for the movement of the cargo or passengers carried by the vessel. Persons using the vessel for own-account movement of cargo are regarded as transport operators, irrespective of whether the vessel belongs to them or has been chartered.

>Text following EP vote>

(f) Ship operator: a natural or legal person who takes direct responsibility for the operation of the ship and its commercial utilization through ownership or concession.

(Amendment 19)

ANNEX I, DEFINITIONS (g)

>Original text>

(g) Nationality of the maritime transport operator: the country in which the effective centre of the transport operator's commercial activity is located.

>Text following EP vote>

(g) Nationality of the ship operator: the country in which the ship operator is legally registered and exercises his activities.

(Amendment 20)

ANNEX I, DEFINITIONS (ga) (new)

>Text following EP vote>

(ga) Deadweight tonnage: the difference in tonnes between the displacement of a ship on summer load-line in water with a specific gravity of 1.025 and the total weight of the ship, i.e. the displacement in tonnes of a ship without cargo, fuel, lubricating oil, ballast water, fresh water and drinking water in the tanks, usable supplies as well as passengers, crew and their possessions.

(Amendment 22)

ANNEX Va (new)

>Text following EP vote>

LIST OF PORTS

The following principles shall apply to the list of ports to be drawn up by the Commission in accordance with Article 4(1):

>Text following EP vote>

(a) The list of ports given in this Annex shall serve the implementation of this Directive for the uniform codification of the loading, unloading and reporting ports in the European Economic Area.

>Text following EP vote>

(b) This list of ports shall be drawn up on the basis of ECE Recommendation No. 16 by the Commission.

(c) The Member States shall inform the Commission of the ports in their territorial waters to be included and codified; in the first instance, this shall be done within six months after the entry into force of this Directive pursuant to Article 15.

(d) Where necessary, the list of ports shall be updated on 1 January each year.

Legislative resolution embodying Parliament's opinion on the proposal for a Council Directive on statistical returns in respect of carriage of goods and passengers by sea (COM(94)0275 - C4-0239/94 - 94/0159(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Commission proposal to the Council, (COM(94)0275 - 94/0159(CNS) ((OJ C 214, 4.8.1994, p. 12.)),

- having been consulted by the Council pursuant to Article 213 of the EC Treaty (C4-0239/94),

- whereas the legal basis proposed by the Commission is incomplete; whereas reference should also be made to Article 75 of the EC Treaty;

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Transport and Tourism and the opinions of the Committee on Budgets and the Committee on Economic and Monetary Affairs and Industrial Policy (A4-0062/95),

1. Approves the Commission proposal, subject to Parliament's amendments;

2. Calls on the Commission to amend its proposal accordingly, pursuant to Article 189a(2) of the EC Treaty;

3. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

4. Asks to be consulted again should the Council intend to make substantial modifications to the Commission proposal;

5. Instructs its President to forward this opinion to the Council and Commission.