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21.12.2013 Official
Journal
of
the
European
Union
L
351/1
I
(Legislative acts)
REGULATIONS
REGULATION (EU) No 1350/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 December 2013
amending certain legislative acts in the field of agricultural and fishery statistics
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
(4) As
regards
Council
Directive
96/16/EC
( 2 ), in order to
EUROPEAN UNION,
take account of experience acquired and of economic
and technical developments, the power to adopt acts in
accordance with Article 290 TFEU should be delegated to
Having regard to the Treaty on the Functioning of the European
the Commission in respect of the list of milk products
Union, and in particular Article 338(1) thereof,
covered by the surveys and the standard definitions
applicable for the communication of the results for the
various products.
Having regard to the proposal from the European Commission,
(5) As
regards
Regulation
(EC)
No
138/2004
of
the
After transmission of the draft legislative act to the national
European Parliament and of the Council ( 3 ), in order to
parliaments,
take account of economic and technical developments,
the power to adopt acts in accordance with Article 290
TFEU should be delegated to the Commission in respect
Acting in accordance with the ordinary legislative procedure (
of amendments to Annexes I and II to that Regulation.

1 ),
Whereas:
(6) As
regards
Regulation
(EC)
No
1921/2006
of
the
European Parliament and of the Council ( 4 ), in order to
take account of technical developments, the power to
(1)
A number of legislative acts in the field of agricultural
adopt acts in accordance with Article 290 TFEU should
and fishery statistics (‘the legislative acts’) confer powers
be delegated to the Commission in respect of technical
on the Commission to implement some of the provisions
amendments to the Annexes to that Regulation.
of those legislative acts. As a consequence of the entry
into force of the Lisbon Treaty, those implementing
powers need to be aligned with the Treaty on the Func
tioning of the European Union (TFEU).
(7) As
regards
Regulation
(EC)
No
762/2008
of
the
European Parliament and of the Council ( 5 ), in order to
take account of economic and technical developments,
(2) The
Commission
has
committed
itself
to
review
legis
the power to adopt acts in accordance with Article 290
lative acts which currently contain references to the regu
TFEU should be delegated to the Commission in respect
latory procedure with scrutiny in the light of the criteria
of amendments to the Annexes to that Regulation.
laid down in Article 290 TFEU.
( 2 ) Council Directive 96/16/EC of 19 March 1996 on statistical surveys
of milk and milk products (OJ L 78, 28.3.1996, p. 27).
( 3 ) Regulation (EC) No 138/2004 of the European Parliament and of
(3) In
order
to
supplement
or
amend
certain
non-essential
the Council of 5 December 2003 on the economic accounts for
elements of the legislative acts, in particular to take
agriculture in the Community (OJ L 33, 5.2.2004, p. 1).
account of economic, social and technical developments,
( 4 ) Regulation (EC) No 1921/2006 of the European Parliament and of
the Commission should have the power to adopt
the Council of 18 December 2006 on the submission of statistical
delegated acts in accordance with Article 290 TFEU.
data on landings of fishery products in Member States and repealing
Council Regulation (EEC) No 1382/91 (OJ L 403, 30.12.2006, p. 1).
( 5 ) Regulation (EC) No 762/2008 of the European Parliament and of
( 1 ) Position of the European Parliament of 19 November 2013 (not yet
the Council of 9 July 2008 on the submission by Member States of
published in the Official Journal) and decision of the Council of
statistics on aquaculture and repealing Council Regulation (EC) No
5 December 2013.
788/96 (OJ L 218, 13.8.2008, p. 1).

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L 351/2
EN
Official Journal of the European Union
21.12.2013
(8) As
regards
Regulation
(EC)
No
1165/2008
of
the
take account of economic and technical developments,
European Parliament and of the Council ( 1 ), in order to
the power to adopt acts in accordance with Article 290
take account of economic and technical developments,
TFEU should be delegated to the Commission in respect
the power to adopt acts in accordance with Article 290
of the adaptation of the transmission tables set out in the
TFEU should be delegated to the Commission in respect
Annex to that Regulation.
of amendments to Annexes I, II, IV and V to that Regu
lation.
(9) As
regards
Regulation
(EC)
No
216/2009
of
the (13) When
adopting
delegated
acts,
it
is
particularly
important
European Parliament and of the Council ( 2 ), in order to
for the Commission to carry out appropriate consul
take account of technical developments and international
tations during its preparatory work, including at expert
requirements, the power to adopt acts in accordance with
level. When preparing and drawing up delegated acts, the
Article 290 TFEU should be delegated to the
Commission should ensure the simultaneous, timely and
Commission in respect of amendments to Annexes I,
appropriate transmission of relevant documents to the
II, III and IV to that Regulation, with regard to the lists
European Parliament and to the Council. The
of statistical fishing areas, or the subdivisions thereof, and
Commission should also ensure that the delegated acts
species.
provided for in the legislative acts do not impose a
significant additional burden on the Member States or
on the respondents.
(10) As regards Regulation (EC) No 217/2009 of the
European Parliament and of the Council ( 3 ), in order to
take account of technical developments and international
requirements, the power to adopt acts in accordance with
Article 290 TFEU should be delegated to the
(14) In
order
to
ensure
uniform
conditions
for
the
implemen
Commission in respect of amendments to Annexes I,
tation of the legislative acts, implementing powers should
II, III and IV to that Regulation, with regard to the lists
be conferred on the Commission. Those powers should
of species and statistical fishing areas and the descriptions
be exercised in accordance with Regulation (EU)
of those areas, as well as the measures, codes and defi
No 182/2011 of the European Parliament and of the
nitions applied to fishing activity, fishing gear, vessel
Council ( 6 ).
sizes and methods of fishing.
(11) As regards Regulation (EC) No 218/2009 of the
European Parliament and of the Council (
(15) The Standing Committee for Agricultural Statistics

4 ), in order to
take account of technical developments and international
(SCAS) set up by Council Decision 72/279/EEC ( 7 )
requirements, the power to adopt acts in accordance with
provides advice to the Commission and assists it in
Article 290 TFEU should be delegated to the
exercising its implementing powers under the legislative
Commission in respect of amendments to Annexes I, II
acts. Under the strategy for a new European Statistical
and III to that Regulation, with regard to the lists of
System (ESS) structure, aimed at improving coordination
species and statistical fishing areas, the descriptions of
and partnership in a clear pyramid structure within the
those fishing areas and the permitted degree of aggre
ESS, the European Statistical System Committee (ESSC),
gation of data.
established by Regulation (EC) No 223/2009 of the
European Parliament and of the Council ( 8 ), should
have an advisory role and should assist the Commission
in exercising its implementing powers. To that effect, the
(12) As regards Regulation (EC) No 543/2009 of the
legislative acts should be amended by replacing the
European Parliament and of the Council ( 5 ), in order to
reference to the SCAS by a reference to the ESSC. The
Commission should continue to confer with experts in
( 1 ) Regulation (EC) No 1165/2008 of the European Parliament and of
agriculture and fisheries statistics before bringing a
the Council of 19 November 2008 concerning livestock and meat
matter before the ESSC.
statistics and repealing Council Directives 93/23/EEC, 93/24/EEC
and 93/25/EEC (OJ L 321, 1.12.2008, p. 1).
( 2 ) Regulation (EC) No 216/2009 of the European Parliament and of
( 6 ) Regulation (EU) No 182/2011 of the European Parliament and of
the Council of 11 March 2009 on the submission of nominal catch
the Council of 16 February 2011 laying down the rules and general
statistics by Member States fishing in certain areas other than those
principles concerning mechanisms for control by Member States of
of the North Atlantic (OJ L 87, 31.3.2009, p. 1).
the Commission's exercise of implementing powers (OJ L 55,
( 3 ) Regulation (EC) No 217/2009 of the European Parliament and of
28.2.2011, p. 13).
the Council of 11 March 2009 on the submission of catch and
( 7 ) Council Decision 72/279/EEC of 31 July 1972 setting up a Standing
activity statistics by Member States fishing in the north-west
Committee for Agricultural Statistics (OJ L 179, 7.8.1972, p. 1).
Atlantic (OJ L 87, 31.3.2009, p. 42).
( 8 ) Regulation (EC) No 223/2009 of the European Parliament and of
( 4 ) Regulation (EC) No 218/2009 of the European Parliament and of
the Council of 11 March 2009 on European statistics and repealing
the Council of 11 March 2009 on the submission of nominal catch
Regulation (EC, Euratom) No 1101/2008 of the European
statistics by Member States fishing in the north-east Atlantic (OJ
Parliament and of the Council on the transmission of data subject
L 87, 31.3.2009, p. 70).
to statistical confidentiality to the Statistical Office of the European
( 5 ) Regulation (EC) No 543/2009 of the European Parliament and of
Communities, Council Regulation (EC) No 322/97 on Community
the Council of 18 June 2009 concerning crop statistics and
Statistics, and Council Decision 89/382/EEC, Euratom establishing a
repealing Council Regulations (EEC) No 837/90 and (EEC) No
Committee on the Statistical Programmes of the European Commu
959/93 (OJ L 167, 29.6.2009, p. 1).
nities (OJ L 87, 31.3.2009, p. 164).

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21.12.2013 Official
Journal
of
the
European
Union
L
351/3
(16) The
objectives
of
this
Regulation
are
to
align
the
existing
only, those amendments do not need to be transposed
conferral of powers on the Commission in the legislative
by Member States,
acts with the TFEU and with the new legal framework
resulting from the entry into force of Regulation (EU) No
HAVE ADOPTED THIS REGULATION:
182/2011, and, where appropriate, to review the scope
of those powers. Since those objectives cannot be suffi
ciently achieved by the Member States but can rather be
Article 1
better achieved at Union level, the Union may adopt
The legislative acts listed in the Annex are amended in
measures in accordance with the principle of subsidiarity
accordance with that Annex.
as set out in Article 5 of the Treaty on European Union.
In accordance with the principle of proportionality as set
out in that Article, this Regulation does not go beyond
Article 2
what is necessary in order to achieve those objectives.
This Regulation shall not affect the procedures for the adoption
of measures provided for in the legislative acts listed in the
(17) For
reasons
of
legal
certainty,
this
Regulation
should
not
Annex which have been initiated but which have not been
affect the procedures for the adoption of measures
completed by 10 January 2014.
provided for in the legislative acts which have been
initiated but which have not been completed before the
entry into force of this Regulation.
Article 3
This Regulation shall enter into force on the twentieth day
(18) Since
the
amendments
made
to
Directive
96/16/EC
are
following that of its publication in the Official Journal of the
technical in nature and concern committee procedure
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Strasbourg, 11 December 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
V. LEKEVIIUS

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L 351/4
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Official Journal of the European Union
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ANNEX
1. Directive 96/16/EC is amended as follows:
(a) in Article 1, point 2 is replaced by the following:
‘2. shall
carry
out
annual
surveys
of
the
production
of
milk
and
its
use
among
agricultural
holdings
within
the
meaning of Article 2(a) of Regulation (EC) No 1166/2008 of the European Parliament and of the Council (*)
___________
(*) Regulation (EC) No 1166/2008 of the European Parliament and of the Council of 19 November 2008 on farm
structure surveys and the survey on agricultural production methods and repealing Council Regulation (EEC)
No 571/88 (OJ L 321, 1.12.2008, p. 14).’;
(b) in Article 3, paragraphs 2 and 3 are replaced by the following:
‘2. The Commission shall be empowered to adopt delegated acts, in accordance with Article 6a, to amend, the
list of milk products covered by the surveys and to lay down the standard definitions applicable for the
communication of the results for the various products.
Those delegated acts shall be adopted only where they are necessary in order to take account of economic and
technical developments; they do not change the optional nature of the required information and they do not
impose a significant additional burden on Member States or on the respondents.
The Commission shall duly justify the statistical actions provided for in those delegated acts, using, where
appropriate, input from relevant experts based on a cost-effectiveness analysis, including an assessment of the
burden on the respondents and of the production costs, as referred to in point (c) of Article 14(3) of Regulation
(EC) No 223/2009 of the European Parliament and of the Council (*).
___________
(*) 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).’;
(c) in Article 5(2), the second subparagraph is replaced by the following:
‘The methodological reports, the availability and reliability of data and any other matter related to the implemen
tation of this Directive shall be examined once a year with the Member States. Member States shall notify the
Commission annually of the methodological information relating to the information referred to in Article 4(1),
using a standard questionnaire. The Commission shall adopt implementing acts drawing up those standard
questionnaires. Those implementing acts shall be adopted in accordance with the examination procedure
referred to in Article 7(2).’;
(d) in Article 6(1), the first subparagraph is replaced by the following:
‘1. The
Commission
shall
adopt
implementing
acts
laying
down
tables
for
the
transmission
of
data.
Those
implementing acts shall be adopted in accordance with the examination procedure referred to in Article 7(2).’;
(e) the following Article is inserted:

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21.12.2013 Official
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Union
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‘Article 6a
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in
this Article.
2. The
power
to
adopt
delegated
acts
referred
to
in
Article
3(2)
shall
be
conferred
on
the
Commission
for
a
period of five years from 10 january 2014. The Commission shall draw up a report in respect of the delegation of
power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly
extended for periods of an identical duration, unless the European Parliament or the Council opposes such
extension not later than three months before the end of each period.
3. The
delegation
of
power
referred
to
in
Article
3(2)
may
be
revoked
at
any
time
by
the
European
Parliament
or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision.
It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at
a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European
Parliament and to the Council.
5. A delegated act adopted pursuant to Article 3(2) shall enter into force only if no objection has been
expressed either by the European Parliament or by the Council within a period of two months of notification
of that act to the European Parliament and the Council or if, before the expiry of that period, the European
Parliament and the Council have both informed the Commission that they will not object. That period shall be
extended by two months at the initiative of the European Parliament or of the Council.’;
(f) Article 7 is replaced by the following:
‘Article 7
1. The Commission shall be assisted by the European Statistical System Committee established by Regulation
(EC) No 223/2009. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of
the European Parliament and of the Council (*).
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
3. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and
the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
___________
(*) 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 Commis
sion's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).’.
2. Regulation (EC) No 138/2004 is amended as follows:
(a) in Article 2, paragraph 2 is replaced by the following:
‘2. The Commission shall be empowered to adopt delegated acts, in accordance with Article 4, to amend the
EAA methodology set out in Annex I. Those delegated acts shall be limited to specifying and improving the
content of Annex I for the purpose of ensuring a harmonised interpretation or of ensuring international compara
bility.
Those delegated acts shall be adopted only where they do not change the underlying concepts in Annex I, they do
not require additional resources for producers within the European Statistical System for their implementation and
they do not impose a significant additional burden on Member States or on the respondents.

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Official Journal of the European Union
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The Commission shall duly justify the statistical actions provided for in those delegated acts, using, where
appropriate, input from relevant experts based on a cost-effectiveness analysis, including an assessment of the
burden on the respondents and of the production costs, as referred to in point (c) of Article 14(3) of Regulation
(EC) No 223/2009 of the European Parliament and of the Council (*).
___________
(*) 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).’;
(b) in Article 3, paragraph 3 is replaced by the following:
‘3. The Commission shall be empowered to adopt delegated acts in accordance with Article 4 to amend the list
of variables for the provision of data set out in Annex II.
Those delegated acts shall not impose a significant additional burden on the Member States or on the respondents.
The Commission shall duly justify the statistical actions provided for in those delegated acts, using, where
appropriate, input from relevant experts based on a cost-effectiveness analysis, including an assessment of the
burden on the respondents and of the production costs, as referred to in point (c) of Article 14(3) of Regulation
(EC) No 223/2009.’;
(c) Article 4 is replaced by the following:
‘Article 4
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in
this Article.
2. The power to adopt delegated acts referred to in Article 2(2) and Article 3(3) shall be conferred on the
Commission for a period of five years from 10 January 2014. The Commission shall draw up a report in respect
of the delegation of power not later than nine months before the end of the five-year period. The delegation of
power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council
opposes such extension not later than three months before the end of each period.
3. The delegation of power referred to in Article 2(2) and Article 3(3) may be revoked at any time by the
European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power
specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal
of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already
in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European
Parliament and to the Council.
5.
A delegated act adopted pursuant to Article 2(2) or Article 3(3) shall enter into force only if no objection has
been expressed either by the European Parliament or by the Council within a period of two months of notification
of that act to the European Parliament and the Council or if, before the expiry of that period, the European
Parliament and the Council have both informed the Commission that they will not object. That period shall be
extended by two months at the initiative of the European Parliament or of the Council.’.
3. Regulation (EC) No 1921/2006 is amended as follows:
(a) in Article 6, paragraph 2 is replaced by the following:
‘2. The
Commission
shall
examine
the
reports
and
present
its
conclusions
to
the
Member
States.’;

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(b) in Article 8, paragraph 1 is replaced by the following:
‘1. Where the inclusion in the statistics of a particular sector of the fisheries industry of a Member State would
cause difficulties to the national authorities disproportionate to the importance of that sector, the Commission
shall adopt implementing acts granting a derogation permitting that Member State to exclude statistical data
covering that sector from the national statistical data submitted. Those implementing acts shall be adopted in
accordance with the examination procedure referred to in Article 11(2)’;
(c) Article 9 is replaced by the following:
‘Article 9
Technical amendments to the Annexes
The Commission shall be empowered to adopt delegated acts, in accordance with Article 10a, concerning technical
amendments to the Annexes. Those delegated acts shall not change the optional nature of the required information
or impose a significant additional burden on Member States or on the respondents.
The Commission shall duly justify the statistical actions provided for in those delegated acts, using, where
appropriate, input from relevant experts based on a cost-effectiveness analysis, including an assessment of the
burden on the respondents and of the production costs, as referred to in point (c) of Article 14(3) of Regulation
(EC) No 223/2009 of the European Parliament and of the Council (*).
___________
(*) 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).’;
(d) the following Article is inserted:
‘Article 10a
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in
this Article.
2.
The power to adopt delegated acts referred to in Article 9 shall be conferred on the Commission for a period
of five years from 10 January 2014. The Commission shall draw up a report in respect of the delegation of power
not later than nine months before the end of the five-year period. The delegation of power shall be tacitly
extended for periods of an identical duration, unless the European Parliament or the Council opposes such
extension not later than three months before the end of each period.
3. The
delegation
of
power
referred
to
in
Article
9
may
be
revoked
at
any
time
by
the
European
Parliament
or
by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It
shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a
later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European
Parliament and to the Council.
5. A delegated act adopted pursuant to Article 9 shall enter into force only if no objection has been expressed
either by the European Parliament or by the Council within a period of two months of notification of that act to
the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the
Council have both informed the Commission that they will not object. That period shall be extended by two
months at the initiative of the European Parliament or of the Council.’;
(e) Article 11 is replaced by the following:

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‘Article 11
Committee procedure
1. The Commission shall be assisted by the European Statistical System Committee established by Regulation
(EC) No 223/2009. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of
the European Parliament and of the Council (*).
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
___________
(*) 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 Commis
sion's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).’.
4. Regulation (EC) No 762/2008 is amended as follows:
(a) in Article 6, paragraph 3 is replaced by the following:
‘3. The
Commission
shall
examine
the
reports
and
present
its
conclusions
to
the
Member
States.’;
(b) in Article 8, paragraph 1 is replaced by the following:
‘1. Where the inclusion in the statistics of a particular sector of aquaculture activities of a Member State would
cause difficulties to the national authorities disproportionate to the importance of that sector, the Commission
shall adopt implementing acts granting a derogation permitting that Member State to exclude statistical data
covering that sector from the national statistical data submitted. Those implementing acts shall be adopted in
accordance with the examination procedure referred to in Article 10(2).’;
(c) Article 9 is replaced by the following:
‘Article 9
Technical provisions
1. The Commission shall be empowered to adopt delegated acts, in accordance with Article 9a, concerning
technical amendments to Annex I, to adapt the definitions to changes in international definitions, and concerning
amendments to Annexes II to VI.
Those delegated acts shall be adopted only where they are necessary in order to take account of economic and
technical developments, they do not change the optional nature of required information and they do not impose a
significant additional burden on Member States or on the respondents.
The Commission shall duly justify the statistical actions provided for in those delegated acts, using, where
appropriate, input from relevant experts based on a cost-effectiveness analysis, including an assessment of the
burden on the respondents and of the production costs, as referred to in point (c) of Article 14(3) of Regulation
(EC) No 223/2009 of the European Parliament and of the Council (*).
2. The
Commission
shall
adopt
implementing
acts
laying
down
the
format
in
which
statistics
shall
be
submitted. Those implementing acts shall be adopted in accordance with the examination procedure referred to
in Article 10(2).
___________
(*) 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).’;

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(d) the following Article is inserted:
‘Article 9a
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in
this Article.
2. The
power
to
adopt
delegated
acts
referred
to
in
Article
9(1)
shall
be
conferred
on
the
Commission
for
a
period of five years from 10 January 2014. The Commission shall draw up a report in respect of the delegation of
power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly
extended for periods of an identical duration, unless the European Parliament or the Council opposes such
extension not later than three months before the end of each period.
3. The
delegation
of
power
referred
to
in
Article
9(1)
may
be
revoked
at
any
time
by
the
European
Parliament
or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision.
It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at
a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European
Parliament and to the Council.
5. A delegated act adopted pursuant to Article 9(1) shall enter into force only if no objection has been
expressed either by the European Parliament or by the Council within a period of two months of notification
of that act to the European Parliament and the Council or if, before the expiry of that period, the European
Parliament and the Council have both informed the Commission that they will not object. That period shall be
extended by two months at the initiative of the European Parliament or of the Council.’;
(e) Article 10 is replaced by the following:
‘Article 10
Committee procedure
1. The Commission shall be assisted by the European Statistical System Committee established by Regulation
(EC) No 223/2009. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of
the European Parliament and of the Council (*).
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
___________
(*) 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 Commis
sion's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).’.
5. Regulation (EC) No 1165/2008 is amended as follows:
(a) Article 18 is replaced by the following:
‘Article 18
Amendments to the Annexes
The Commission shall be empowered to adopt delegated acts, in accordance with Article 19, concerning
amendments to Annexes I, II, IV and V.
Those delegated acts shall be adopted only where they are necessary in order to take account of economic and
technical developments, they do not change the optional nature of the required information and they do not
impose a significant additional burden on Member States or on the respondents.

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The Commission shall duly justify the statistical actions provided for in those delegated acts, using, where
appropriate, input from relevant experts based on a cost-effectiveness analysis, including an assessment of the
burden on the respondents and of the production costs, as referred to in point (c) of Article 14(3) of Regulation
(EC) No 223/2009 of the European Parliament and of the Council (*).
___________
(*) 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).’;
(b) Article 19 is replaced by the following:
‘Article 19
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in
this Article.
2. The power to adopt delegated acts referred to in Article 18 shall be conferred on the Commission for a
period of five years from 10 January 2014. The Commission shall draw up a report in respect of the delegation of
power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly
extended for periods of an identical duration, unless the European Parliament or the Council opposes such
extension not later than three months before the end of each period.
3. The delegation of power referred to in Article 18 may be revoked at any time by the European Parliament or
by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It
shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a
later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European
Parliament and to the Council.
5. A delegated act adopted pursuant to Article 18 shall enter into force only if no objection has been expressed
either by the European Parliament or by the Council within a period of two months of notification of that act to
the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the
Council have both informed the Commission that they will not object. That period shall be extended by two
months at the initiative of the European Parliament or of the Council.’.
6. Regulation (EC) No 216/2009 is amended as follows:
(a) in Article 2, paragraph 5 is replaced by the following:
‘5. The
Commission
shall
be
empowered
to
adopt
delegated
acts,
in
accordance
with
Article
5,
to
amend
Annexes I, II, III and IV, with regard to the lists of statistical fishing areas, or subdivisions thereof, and species.
Those delegated acts shall be adopted only where they are necessary in order to take account of economic and
technical developments and they do not impose a significant additional burden on Member States or on the
respondents.

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EN
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Journal
of
the
European
Union L
351/11
The Commission shall duly justify the statistical actions provided for in those delegated acts, using, where
appropriate, input from relevant experts based on a cost-effectiveness analysis, including an assessment of the
burden on the respondents and of the production costs, as referred to in point (c) of Article 14(3) of Regulation
(EC) No 223/2009 of the European Parliament and of the Council (*).
___________
(*) 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).’;
(b) Article 5 is replaced by the following:
‘Article 5
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in
this Article.
2. The
power
to
adopt
delegated
acts
referred
to
in
Article
2(5)
shall
be
conferred
on
the
Commission
for
a
period of five years from 10 January 2014. The Commission shall draw up a report in respect of the delegation of
power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly
extended for periods of an identical duration, unless the European Parliament or the Council opposes such
extension not later than three months before the end of each period.
3. The
delegation
of
power
referred
to
in
Article
2(5)
may
be
revoked
at
any
time
by
the
European
Parliament
or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision.
It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at
a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European
Parliament and to the Council.
5. A delegated act adopted pursuant to Article 2(5) shall enter into force only if no objection has been
expressed either by the European Parliament or by the Council within a period of two months of notification
of that act to the European Parliament and the Council or if, before the expiry of that period, the European
Parliament and the Council have both informed the Commission that they will not object. That period shall be
extended by two months at the initiative of the European Parliament or of the Council.’;
(c) Article 6 is replaced by the following:
‘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 with Member States.
2. Member States shall inform the Commission of any changes to the information provided under paragraph 1
within three months of their occurrence.
3. The Commission shall examine methodological reports, data availability and data reliability and other
relevant issues connected with the application of this Regulation once a year with Member States.’.
7. Regulation (EC) No 217/2009 is amended as follows:
(a) in Article 2, paragraph 4 is replaced by the following:

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L 351/12
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Official Journal of the European Union
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‘4. The
Commission
shall
be
empowered
to
adopt
delegated
acts,
in
accordance
with
Article
6,
to
amend
Annexes I, II, III and IV, with regard to the lists of species and statistical fishing areas and the descriptions of those
areas, as well as the measures, codes and definitions applied to fishing activity, fishing gear, vessel sizes and
methods of fishing.
Those delegated acts shall be adopted only where they are necessary in order to take account of economic and
technical developments, they do not change the optional nature of the required information and they do not
impose a significant additional burden on Member States or on the respondents.
The Commission shall duly justify the statistical actions provided for in those delegated acts, using, where
appropriate, input from relevant experts based on a cost-effectiveness analysis, including an assessment of the
burden on the respondents and of the production costs, as referred to in point (c) of Article 14(3) of Regulation
(EC) No 223/2009 of the European Parliament and of the Council (*).
___________
(*) 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).’;
(b) Article 6 is replaced by the following:
‘Article 6
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in
this Article.
2. The
power
to
adopt
delegated
acts
referred
to
in
Article
2(4)
shall
be
conferred
on
the
Commission
for
a
period of five years from 10 January 2014. The Commission shall draw up a report in respect of the delegation of
power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly
extended for periods of an identical duration, unless the European Parliament or the Council opposes such
extension not later than three months before the end of each period.
3. The
delegation
of
power
referred
to
in
Article
2(4)
may
be
revoked
at
any
time
by
the
European
Parliament
or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision.
It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at
a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European
Parliament and to the Council.
5. A
delegated
act
adopted
pursuant
to
Article
2(4)
shall
enter
into
force
only
if
no
objection
has
been
expressed either by the European Parliament or by the Council within a period of two months of notification
of that act to the European Parliament and the Council or if, before the expiry of that period, the European
Parliament and the Council have both informed the Commission that they will not object. That period shall be
extended by two months at the initiative of the European Parliament or of the Council.’;
(c) in Article 7, paragraph 3 is replaced by the following:
‘3. The Commission shall examine methodological reports, data availability and data reliability and other
relevant issues connected with the application of this Regulation once a year with Member States.’.
8. Regulation (EC) No 218/2009 is amended as follows:

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21.12.2013 Official
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Union L
351/13
(a) in Article 2, paragraph 3 is replaced by the following:
‘3. The
Commission
shall
be
empowered
to
adopt
delegated
acts,
in
accordance
with
Article
5,
to
amend
Annexes I, II and III, with regard to the lists of species and statistical fishing areas, the descriptions of those fishing
areas and the permitted degree of aggregation of data.
Those delegated acts shall be adopted only where they are necessary in order to take account of economic and
technical developments, they do not change the optional nature of the required information and they do not
impose a significant additional burden on Member States or on the respondents.
The Commission shall duly justify the statistical actions provided for in those delegated acts, using, where
appropriate, input from relevant experts based on a cost-effectiveness analysis, including an assessment of the
burden on the respondents and of the production costs, as referred to in point (c) of Article 14(3) of Regulation
(EC) No 223/2009 of the European Parliament and of the Council (*).
___________
(*) 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).’;
(b) Article 5 is replaced by the following:
‘Article 5
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in
this Article.
2. The
power
to
adopt
delegated
acts
referred
to
in
Article
2(3)
shall
be
conferred
on
the
Commission
for
a
period of five years from 10 January 2014. The Commission shall draw up a report in respect of the delegation of
power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly
extended for periods of an identical duration, unless the European Parliament or the Council opposes such
extension not later than three months before the end of each period.
3. The
delegation
of
power
referred
to
in
Article
2(3)
may
be
revoked
at
any
time
by
the
European
Parliament
or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision.
It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at
a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European
Parliament and to the Council.
5. A delegated act adopted pursuant to Article 2(3) shall enter into force only if no objection has been
expressed either by the European Parliament or by the Council within a period of two months of notification
of that act to the European Parliament and the Council or if, before the expiry of that period, the European
Parliament and the Council have both informed the Commission that they will not object. That period shall be
extended by two months at the initiative of the European Parliament or of the Council.’;
(c) in Article 6, paragraph 3 is replaced by the following:
‘3. The Commission shall examine methodological reports, data availability and data reliability and other
relevant issues connected with the application of this Regulation once a year with Member States.’.

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9. Regulation (EC) No 543/2009 is amended as follows:
(a) in Article 6, paragraph 2 is replaced by the following:
‘2. The Commission shall be empowered to adopt delegated acts, in accordance with Article 8a, to amend the
transmission tables set out in the Annex.
Those delegated acts shall not amend the frequency of reporting and deadlines or impose a significant additional
burden on Member States or on the respondents.
The Commission shall duly justify the statistical actions provided for in those delegated acts, using, where
appropriate, input from relevant experts based on a cost-effectiveness analysis, including an assessment of the
burden on the respondents and of the production costs, as referred to in point (c) of Article 14(3) of Regulation
(EC) No 223/2009 of the European Parliament and of the Council (*).
___________
(*) 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).’;
(b) the following Article is inserted:
‘Article 8a
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in
this Article.
2. The
power
to
adopt
delegated
acts
referred
to
in
Article
6
(2)
shall
be
conferred
on
the
Commission
for
a
period of five years from 10 January 2014. The Commission shall draw up a report in respect of the delegation of
power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly
extended for periods of an identical duration, unless the European Parliament or the Council opposes such
extension not later than three months before the end of each period.
3. The
delegation
of
power
referred
to
in
Article
6(2)
may
be
revoked
at
any
time
by
the
European
Parliament
or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision.
It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at
a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European
Parliament and to the Council.
5. A
delegated
act
adopted
pursuant
to
Article
6(2)
shall
enter
into
force
only
if
no
objection
has
been
expressed either by the European Parliament or by the Council within a period of two months of notification
of that act to the European Parliament and the Council or if, before the expiry of that period, the European
Parliament and the Council have both informed the Commission that they will not object. That period shall be
extended by two months at the initiative of the European Parliament or of the Council.’;
(c) Articles 9 and 10 are deleted;
(d) in Article 11, paragraph 2 is deleted;
(e) in Article 12, the second paragraph is replaced by the following:
‘It shall apply from 1 January 2010.’.

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