(1)

As a consequence of the entry into force of the Treaty on the Functioning of the European Union (‘the Treaty’), the powers conferred on the Commission need to be aligned to Articles 290 and 291 of the Treaty.

(2)

In connection with the adoption of Regulation (EU) No 182/2011 of the European Parliament and of the Council (2), the Commission committed itself, by means of a statement (3), to reviewing, in the light of the criteria laid down in the Treaty, legislative acts which were not adapted to the regulatory procedure with scrutiny before the entry into force of the Lisbon Treaty.

(3)

Regulation (EC) No 1365/2006 of the European Parliament and of the Council (4) confers powers on the Commission in order to implement some of its provisions.

(4)

In order to align Regulation (EC) No 1365/2006 with Articles 290 and 291 of the Treaty, implementing powers conferred on the Commission by that Regulation should be replaced by powers to adopt delegated and implementing acts.

(5)

As regards Regulation (EC) No 1365/2006, in order to take into account economic and technical trends and changes in definitions adopted at international level, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of amending that Regulation to raise the threshold above 1 000 000 tonnes for statistical coverage of inland waterway transport, to adapt definitions or provide for new ones, as well as to adapt the Annexes to Regulation (EC) No 1365/2006 to reflect changes in coding and nomenclature at international level or in the relevant Union legislative acts. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making (5). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(6)

The Commission should ensure that those delegated acts do not impose a significant additional burden on the Member States or on the respondents.

(7)

In order to ensure uniform conditions for the implementation of Regulation (EC) No 1365/2006, implementing powers should be conferred on the Commission enabling it to adopt arrangements for transmitting data, including data interchange standards, for the dissemination of results by the Commission (Eurostat) and also to develop and publish methodological requirements and criteria designed to ensure the quality of the data produced. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.

(8)

In accordance with the principle of proportionality, it is necessary and appropriate for the achievement of the basic objective of the alignment of the powers conferred on the Commission with Articles 290 and 291 of the Treaty to lay down rules on such alignment in the field of transport statistics. This Regulation does not go beyond what is necessary in order to achieve the objective pursued, in accordance with Article 5(4) of the Treaty on European Union.

(9)

It is necessary for the Commission to arrange for pilot studies to be conducted on the availability of statistical data relating to passenger transport by inland waterways, including by cross border transport services.

The Union should contribute to the cost of carrying out those pilot studies. Such contributions should take the form of grants awarded to the national statistical institutes and other national authorities referred to in Article 5 of Regulation (EC) No 223/2009 of the European Parliament and of the Council (6), in accordance with Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (7).

(10)

In order to ensure legal certainty, the procedures for adopting measures that have been initiated but not completed before the entry into force of this Regulation are not affected by this Regulation.

(11)

Regulation (EC) No 1365/2006 should therefore be amended accordingly,

(1)

in Article 2, the following paragraph is added:

(*1)  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 (OJ L 87, 31.3.2009, p. 164).’;"

(2)

in Article 3, the following paragraphs are added:

‘The Commission is empowered to adopt delegated acts in accordance with Article 9, concerning the amendment of the present Article to adapt the definitions contained therein or provide for new ones in order to take into account relevant definitions amended or adopted at international level.

When exercising that power, the Commission shall ensure that the delegated acts do not impose a significant additional burden on the Member States or on the respondents. Furthermore, the Commission shall duly justify the statistical actions for which those delegated acts provide, using, where appropriate, cost-effectiveness analysis, including an assessment of the burden on respondents and of the production costs, as referred to in point (c) of Article 14(3) of Regulation (EC) No 223/2009.’;

(3)

in Article 4, the following paragraph is added:

(4)

the following article is inserted:

(5)

in Article 5, paragraph 2 is replaced by the following:

(6)

in Article 6, the following paragraph is added:

‘The Commission shall adopt implementing acts laying down the arrangements for disseminating results. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 10(2).’;

(7)

in Article 7, paragraph 1 is replaced by the following:

(8)

in Article 7, the following paragraphs are added:

(9)

Article 8 is replaced by the following:

(10)

Article 9 is replaced by the following:

(*2)   OJ L 123, 12.5.2016, p. 1.’;"

(11)

Article 10 is replaced by the following:

(*3)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13)’;"

(12)

Annex G is deleted.