REPORT on the proposal for a regulation of the European Parliament and of the Council amending Directive 2009/42/EC of the European Parliament and of the Council on statistical returns in respect of carriage of goods and passengers by sea

29.6.2010 - (COM(2010)0065 – C7‑0068/2010 – 2010/0041(COD)) - ***I

Committee on Transport and Tourism
Rapporteur: Brian Simpson

Amendments

• 001-008 (PDF - 103 KB)
• 001-008 (DOC - 72 KB)

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council amending Directive 2009/42/EC of the European Parliament and of the Council on statistical returns in respect of carriage of goods and passengers by sea

(COM(2010)0065 – C7‑0068/2010 – 2010/0041(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to the European Parliament and the Council (COM(2010)0065),

–   having regard to Article 294(2) and Article 338 (1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7‑0068/2010),

–   having regard to Rule 55 of its Rules of Procedure,

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

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment  1 Proposal for a regulation – amending act Recital 7 a (new)
Text proposed by the Commission	Amendment
	(7a) The Commission should be empowered to adopt delegated acts in accordance with Article 290 TFEU in respect of certain detailed rules for implementing Directive 2009/42/EC. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level.
Justification
A set of amendments is proposed with a view to adapting provisions on regulatory procedure with scrutiny to the new rules on delegated acts introduced by the Lisbon Treaty.
Amendment  2 Proposal for a regulation – amending act Article 1 ‑ point -1 (new) Directive 2009/42/EC Article 3 ‑ paragraph 4 ‑ subparagraph 2
Text proposed by the Commission Amendment   (-1) In Article 3(4) the second subparagraph is replaced by the following:   “The Commission may adopt those measures by means of delegated acts in accordance with Article 10a and subject to the conditions of Articles 10b and 10c.“
Amendment  3 Proposal for a regulation – amending act Article 1 – point -1 a (new) Directive 2009/42/EC Article 4 ‑ paragraph 1 ‑ subparagraph 2
Text proposed by the Commission Amendment   (-1a) In Article 4(1) the second subparagraph is replaced by the following:   “The Commission may adopt those measures by means of delegated acts in accordance with Article 10a and subject to the conditions of Articles 10b and 10c.“
Amendment  4 Proposal for a regulation – amending act Article 1 – point -1 b (new) Directive 2009/42/EC Article 5 ‑ paragraph 3
Text proposed by the Commission Amendment   (-1b) In Article 5 the third paragraph is replaced by the following:   “The Commission may adopt those measures by means of delegated acts in accordance with Article 10a and subject to the conditions of Articles 10b and 10c.“
Amendment  5 Proposal for a regulation – amending act Article 1 – point -1 c (new) Directive 2009/42/EC Article 10 ‑ paragraph 3
Text proposed by the Commission Amendment   (-1c) In Article 10, paragraph 3 is deleted.
Amendment  6 Proposal for a regulation – amending act Article 1 – point -1 d (new) Directive 2009/42/EC Article 10a (new)
Text proposed by the Commission Amendment   (-1d) The following Articles are inserted:   “Article 10a   Exercise of the delegation   1. The power to adopt delegated acts referred to in Articles 3(4), 4(1) and 5(3) shall be conferred on the Commission for a period of five years from .....*. The Commission shall make a report in respect of the delegated powers not later than six months before the end of the five year period. The delegation of powers shall be automatically extended for periods of an identical duration, unless the European Parliament or the Council revokes it in accordance with Article 10b.   2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.   3. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 10b and 10c.   _____________________ * OJ: please insert the date of entry into the force of this Regulation (COD 2010/0041)
Justification
The aim of the oral amendment is to bring the text in line with the ongoing discussions between the Council and the European parliament on other similar files. This should facilitate to reach an early first reading agreement.
Amendment  7 Proposal for a regulation – amending act Article 1 – point -1 d (new) Directive 2009/42/EC Article 10b (new)
Text proposed by the Commission Amendment   Article 10b   Revocation of the delegation   1. The delegation of powers referred to in Articles 3(4), 4(1) and 5(3) may be revoked at any time by the European Parliament or by the Council.   2.The institution which has commenced an internal procedure for deciding whether to revoke the delegation of powers shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated powers which could be subject to revocation and possible reasons for a revocation.   3. The decision of revocation shall put an end to the delegation of the powers specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.
Amendment  8 Proposal for a regulation – amending act Article 1 – point -1 d (new) Directive 2009/42/EC Article 10c (new)
Text proposed by the Commission Amendment   Article 10c   Objections to delegated acts   1. The European Parliament or the Council may object to a delegated act within a period of two months from the date of notification.   At the initiative of the European Parliament or the Council this period shall be extended by two months.   2. If, on expiry of that period, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein.   The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections   3. If the European Parliament or the Council objects to a delegated act, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.

EXPLANATORY STATEMENT

Objectives of the Proposal

The purpose of this Proposal for a Regulation of the European Parliament and the Council is to amend Directive 2009/42/EC in order to make the collection of data by type of goods mandatory for maritime transport statistics. These data are currently collected on a voluntary basis by 18 Member States. Five Member States have no maritime coast and do not provide any data according to that Directive. For the most part, the collection of the relevant data will not impose any additional burden on respondents as the Member States concerned should be able to compile the data by using already existing data sources (for example custom documents).

The collection of data by type of goods is mandatory for road, rail, and inland waterways transport European statistics.

European statistics on all modes of transport should be collected according to common concepts and standards, with the aim of achieving the fullest practicable comparability between transport modes. More particularly, the availability of comprehensive and homogeneous statistics by type of goods for all the modes of transport would provide a general framework useful to support and monitor the policy promoting co-modality, i.e. the possibility of optimally combining various modes of transport within the same transport chain, and the modernisation of freight transport logistics.

The Proposal is meant to be applied for the first time to 2011 data.

Rapporteur's assessment and recommendations

Your Rapporteur supports the Commission Proposal and does not suggest any amendments regarding its subject-matter.

However, as the amended Directive 2009/42/EC contains provisions on regulatory procedure with scrutiny, your Rapporteur would like to draw your attention to the possibility of adapting these provisions to the new rules on delegated acts introduced by the Lisbon Treaty with the aim of strengthening the EP's powers in this field. Having regard to this and taking into account that the Commission does not intend to propose an omnibus proposal which would deal with the issue of delegated acts on a more horizontal level, your Rapporteur suggests a set of amendments on delegated acts for your consideration.

PROCEDURE

Title	Amendment of Directive 2009/42/EC of the European Parliament and of the Council on statistical returns in respect of carriage of goods and passengers by sea
References	COM(2010)0065 – C7-0068/2010 – 2010/0041(COD)
Date submitted to Parliament	8.3.2010
Committee responsible        Date announced in plenary	TRAN 11.3.2010
Rapporteur(s)        Date appointed	Brian Simpson 22.3.2010
Discussed in committee	21.6.2010
Date adopted	22.6.2010
Result of final vote	+: –: 0:	33 0 0
Members present for the final vote	Inés Ayala Sender, Georges Bach, Antonio Cancian, Luis de Grandes Pascual, Christine De Veyrac, Saïd El Khadraoui, Ismail Ertug, Jacqueline Foster, Mathieu Grosch, Jim Higgins, Ville Itälä, Georgios Koumoutsakos, Werner Kuhn, Jörg Leichtfried, Gesine Meissner, Hella Ranner, Vilja Savisaar, Brian Simpson, Keith Taylor, Silvia-Adriana Ţicău, Thomas Ulmer, Dominique Vlasto, Artur Zasada
Substitute(s) present for the final vote	Zigmantas Balčytis, Philip Bradbourn, Frieda Brepoels, Spyros Danellis, Jelko Kacin, Dominique Riquet, Alfreds Rubiks, Janusz Władysław Zemke
Substitute(s) under Rule 187(2) present for the final vote	Morten Løkkegaard, Traian Ungureanu