20.3.2013 EN Official Journal of the European Union L 78/41 REGULATION (EU) No 229/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 March 2013 laying down specific measures for agriculture in favour of the smaller Aegean islands and repealing Council Regulation (EC) No 1405/2006 THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular the first paragraph of Article 42 and Article 43(2) thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee (1), Acting in accordance with the ordinary legislative procedure (2), Whereas: (1) Specific measures in the agricultural sector to remedy the difficulties caused by the particular geographical situation of the smaller Aegean islands have been established by Council Regulation (EC) No 1405/2006 (3). Those measures have been implemented by means of a support programme, which constitutes an essential tool for supplying those islands with agricultural products and for supporting local agricultural production. In view of the need to update the current measures, including as a result of the entry into force of the Treaty of Lisbon, it is necessary to repeal Regulation (EC) No 1405/2006 and replace it with a new regulation. (2) The fundamental objectives which the scheme promoting the smaller Aegean islands will help to achieve need to be specified. (3) It is also necessary to specify the content of the support programme for the smaller Aegean islands (‘support programme’), which, in accordance with the principle of subsidiarity, should be established by Greece at the most appropriate geographical level and submitted by Greece to the Commission for approval. (4) In order to more effectively achieve the objectives of the scheme promoting the smaller Aegean islands, the support programme should include measures which ensure the supply of agricultural products and the preservation and development of local agricultural production. The level of programming needs to be harmonised and the policy of partnership between the Commission and Greece needs to become systematic. The Commission should adopt procedures and indicators to ensure the smooth implementation and adequate monitoring of the programme. (5) In keeping with the principle of subsidiarity and in order to ensure flexibility, the two principles which form the basis of the programming approach adopted for the scheme promoting the smaller Aegean islands, the authorities appointed by Greece may propose amendments to the programme to bring it into line with the reality of the situation on those islands. To that end, more significant involvement on the part of the competent local and regional authorities and other stakeholders should be encouraged. Also in keeping with this approach, the procedure for amending the programme should be adapted to reflect the level of relevance of each type of amendment. (6) The particular geographical situation of some of the smaller Aegean islands imposes additional transport costs in supplying products which are essential for human consumption, for processing or as agricultural inputs. In addition, other objective factors arising as a result of insularity and distance from markets impose further constraints on economic operators and producers in those Aegean islands that severely handicap their activities. In certain cases, operators and producers suffer from ‘double insularity’, consisting of the fact that supplies are brought by way of other islands. Those handicaps can be alleviated by lowering the price of those essential products. It is therefore appropriate to introduce specific supply arrangements to guarantee supply to the smaller Aegean islands and compensate for the additional costs arising from their insularity, small size and distance from markets. (7) The problems experienced by the smaller Aegean islands are accentuated by the islands' small size. In order to guarantee the effectiveness of the measures envisaged, such measures should apply to all Aegean islands except Crete and Evia. (8) In order to achieve the goal of lowering prices in the smaller Aegean islands, mitigating the additional costs of their insularity, small size and distance from markets while maintaining the competitiveness of Union products, aid should be granted for the supply of Union products to the smaller Aegean islands. Such aid should take account of the additional cost of transport to the smaller Aegean islands and, in the case of agricultural inputs and products intended for processing, the additional costs of insularity, small size and distance from markets. (9) In order to avoid speculation which would be harmful to end-users in the smaller Aegean islands, it is important to specify that the specific supply arrangements may only apply to products of sound, fair and marketable quality. (10) Since the quantities covered by the specific supply arrangements are limited to the supply requirements of the smaller Aegean islands, those arrangements should not impair the proper functioning of the internal market. Nor should the economic advantages of the specific supply arrangements lead to diversions of trade in the products concerned. The dispatch or export of those products from the smaller Aegean islands should therefore be prohibited. However, dispatch or exportation of those products should be authorised where the advantage resulting from the specific supply arrangements is reimbursed. (11) With regard to processed products, trade between the smaller Aegean islands should be authorised and transport costs in respect of those products should be reduced, in order to allow commerce between those islands. Account should also be taken of trade flows within the context of regional commerce and traditional exports and dispatching with the rest of the Union or third countries and exports of processed products corresponding to traditional trade for all those regions should be authorised. (12) In order to achieve the objectives of the specific supply arrangements, the economic advantages of those arrangements should be reflected in production costs and should reduce prices up to the end-user stage. They should therefore be granted only on condition that they are actually passed on, and appropriate checks should be carried out. (13) Rules should be established concerning the operation of the scheme, particularly those relating to the creation of a register of operators and a system of certificates, based on the certificates referred to in Article 161 of Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (4). (14) Union policy to assist local production in the smaller Aegean islands, as established by Regulation (EC) No 1405/2006, has involved a multitude of products and measures for their production, marketing or processing. Those measures have proved effective and have ensured that agricultural activities have been maintained and developed. The Union should continue to support that production, which is a key factor in the environmental, social and economic equilibrium of the smaller Aegean islands. Experience has shown that, as in the case of rural development policy, closer partnership with the local authorities can help to address in a more targeted way the particular issues affecting the islands concerned. Support for local production should thus continue to be granted through the support programme, established for the first time by Regulation (EC) No 1405/2006. In that regard, emphasis should be placed on preserving the traditional agricultural heritage and the traditional characteristics of production methods and of local and organic products. (15) The minimum elements which should be provided under the support programme in order to establish the measures supporting local agricultural production, specifically the description of the location, of the strategy proposed, of the objectives and of the measures, should be established. The principles underlying the consistency of those measures with other Union policies should also be stated, in order to avoid any incompatibility and overlapping of aid. (16) For the purposes of applying this Regulation, it should also be possible for the support programme to contain measures for financing studies, demonstration projects, training and technical assistance. (17) Farmers on the smaller Aegean islands should be encouraged to supply quality products, and the marketing of such products should be assisted. (18) A derogation may be granted from the Commission's consistent policy of not authorising State operating aid for the production, processing, marketing and transportation of agricultural products listed in Annex I to the Treaty on the Functioning of the European Union (‘the Treaty’) in order to mitigate the specific constraints on farming in the smaller Aegean islands as a result of their insularity, small size, mountainous terrain and climate, their economic dependency on a small number of products and their distance from markets. (19) Implementation of this Regulation should not jeopardise the level of special support from which the smaller Aegean islands have benefited up to now. In order to be able to carry out the appropriate measures, Greece should continue to have at its disposal sums equivalent to the Union support already granted under Regulation (EC) No 1405/2006. (20) Since 2007, requirements in essential products have increased in the smaller Aegean islands as a result of an increasing livestock population and demographic pressure. The proportion of the budget which Greece should be able to use for the specific supply arrangements for the smaller Aegean islands should therefore be increased. (21) In order to allow Greece to evaluate all the elements concerning the implementation of the support programme for the previous year and make it possible to submit to the Commission a complete annual evaluation report, the submission date of that report should be postponed from 30 June to 30 September of the year following the reference year. (22) The Commission should be required to submit to the European Parliament and to the Council, by 31 December 2016 at the latest and thereafter every five years, a general report on the impact of measures taken to implement this Regulation accompanied, where appropriate, by suitable recommendations. (23) In order to ensure the proper functioning of the regime introduced by this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission, in respect of supplementing or modifying certain non-essential elements of this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. (24) In order to ensure uniform conditions for the implementation of the programme in the smaller Aegean islands in relation to other similar schemes and to avoid unfair competition or discrimination between operators, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with 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 the Member States of the Commission's exercise of implementing powers (5). (25) In order to allow for the prompt application of the measures envisaged, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union, HAVE ADOPTED THIS REGULATION: CHAPTER I SUBJECT MATTER AND OBJECTIVES Article 1 Subject matter 1. This Regulation lays down specific measures for agriculture to mitigate the difficulties caused by the insularity, small size and distance from markets of the smaller Aegean islands (‘the smaller islands’). 2. For the purposes of this Regulation ‘the smaller islands’ means any islands in the Aegean Sea except the islands of Crete and Evia. Article 2 Objectives 1. The specific measures provided for in Article 1 shall help to meet the following objectives: (a) guaranteed supply to the smaller islands of products essential for human consumption or for processing and as agricultural inputs by mitigating the additional costs incurred due to their insularity, small size and distance from markets; (b) the preservation and development of agricultural activities in the smaller islands, including the production, processing, marketing and transport of local raw and processed products. 2. The objectives set out in paragraph 1 shall be implemented by means of the measures referred to in Chapters III, IV and V. CHAPTER II SUPPORT PROGRAMME Article 3 Establishing the support programme 1. The measures provided for in Article 1 shall be defined by a support programme comprising: (a) specific supply arrangements as provided for in Chapter III; and (b) specific measures to assist local agricultural production as provided for in Chapter IV. 2. The support programme shall be established at the geographical level which Greece deems to be the most appropriate. It shall be prepared by the competent local and regional authorities designated by Greece, which shall submit it to the Commission for approval in accordance with Article 6 after the competent authorities and organisations at the appropriate regional level have been consulted. Article 4 Compatibility and consistency 1. Measures taken under the support programme shall comply with Union law. Such measures shall be consistent with other Union policies and with the measures taken under such policies. 2. Consistency of the measures taken under the support programme with measures implemented under other instruments of the common agricultural policy, and in particular the common organisations of markets, rural development, product quality, animal welfare and the protection of the environment, shall be ensured. In particular, no measure under this Regulation shall be financed as: (a) additional support for premium or aid schemes under a common organisation of the market, save in exceptional cases, justified by objective criteria; (b) support for research projects, measures to support research projects or measures eligible for Union financing under Council Decision 2009/470/EC of 25 May 2009 on expenditure in the veterinary field (6); (c) support for measures within the scope of Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (7). Article 5 Content of the support programme The support programme shall comprise: (a) a schedule for the implementation of the measures and a general annual indicative financing table showing the resources to be deployed; (b) proof of the compatibility and consistency between the various measures under the programme and with the criteria and quantitative indicators to be used for monitoring and evaluation; (c) the steps taken to ensure that the programme is implemented effectively and appropriately, including the arrangements for publicity, monitoring and evaluation, and a specified set of quantified indicators for use in programme evaluation; (d) the designation of the competent authorities and bodies responsible for implementing the programme and the designation at the appropriate levels of authorities or associated bodies and socio-economic partners, and the results of consultations held. Article 6 Approval and amendments of the programme 1. The support programme is established under Regulation (EC) No 1405/2006 and is financed under the financial allocation referred to in Article 18(2) and (3). The programme comprises a forecast supply balance indicating the products, the quantities thereof and the amount of aid for supply from the Union together with a draft programme of support for local production. 2. Depending on the annual evaluation of the implementation of measures included in the support programme, Greece may submit to the Commission duly substantiated proposals for amendments to those measures within the context of the financial allocation referred to in Article 18(2) and (3), to bring them more into line with the requirements of the smaller islands and the strategy proposed. The Commission shall adopt implementing acts laying down the procedures for assessing whether the amendments proposed comply with Union law and for deciding whether to approve them. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2). 3. The procedures laid down by the implementing acts referred to in paragraph 2 may take account of the following elements: the importance of the modifications proposed by Greece with reference to the introduction of new measures, whether the changes to the budget allocated to the measures are substantial, changes in the quantities and in the level of aid for products in the forecast supply balances and any amendments to codes and descriptions laid down in Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (8). 4. The implementing acts referred to in paragraph 2 shall also determine, for each procedure, the frequency with which requests for amendments are to be made, as well as the time frames within which the approved amendments are to be implemented. Article 7 Monitoring and follow-up Greece shall conduct verifications by means of administrative and on-the-spot checks. The Commission shall adopt implementing acts regarding the minimum characteristics of the checks to be carried out by Greece. The Commission shall also adopt implementing acts regarding the procedures and physical and financial indicators in order to ensure that the implementation of the programmes is monitored in an effective manner. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2). CHAPTER III SPECIFIC SUPPLY ARRANGEMENTS Article 8 Forecast supply balance 1. Specific supply arrangements are hereby established for the Union's agricultural products listed in Annex I to the Treaty (‘the agricultural products’) which are essential in the smaller islands for human consumption, for the manufacture of other products or as agricultural inputs. 2. Greece shall establish, at the geographical level which it deems most appropriate, a forecast supply balance so as to quantify the annual supply requirements for the smaller islands with regard to the agricultural products. A separate forecast balance may be drawn up for the requirements of undertakings packaging and processing products intended for the local market, for consignment to the rest of the Union or for export to third countries as part of regional trade, in accordance with Article 13(2) and (3), or within the context of traditional trade flows. Article 9 Operation of the specific supply arrangements 1. Aid shall be granted to supply the smaller islands with agricultural products. The amount of the aid shall be determined for each product concerned, taking account of the additional costs of marketing products in the smaller islands, calculated from the usual ports of shipment in mainland Greece, and from the ports of islands of transit or of loading for the islands of final destination. In the case of agricultural inputs and products intended for processing, such aid should take account of the additional costs associated with insularity, small size and distance from markets. 2. The specific supply arrangements shall only apply to products of sound, fair and marketable quality. Article 10 Implementation In implementing the specific supply arrangements, account shall be taken, in particular, of the following: (a) the specific needs of the smaller islands and the precise quality requirements; (b) traditional trade flows with ports in mainland Greece and between the islands in the Aegean Sea; (c) the economic aspect of the proposed aid; (d) where applicable, the need not to obstruct the development of local products. Article 11 Certificates 1. The aid provided for in Article 9(1) shall be granted on presentation of a certificate. Certificates shall be issued only to operators entered in a register held by the competent authorities. Those certificates shall not be transferable. 2. No security shall be required when applying for a certificate. However, to the extent necessary to ensure the proper application of this Regulation, the competent authority may require a security to be lodged equal to the amount of the advantage as referred to in Article 12. In such cases, Article 34(1), (4), (5), (6), (7) and (8) of Commission Regulation (EC) No 376/2008 of 23 April 2008 laying down common detailed rules for the application of the system of import and export licences and advance fixing certificates for agricultural products (9) shall apply. The Commission shall be empowered to adopt delegated acts, in accordance with Article 21, determining the conditions for recording operators in the register and providing for the full exercise by operators of their rights to participate in the specific supply arrangements. 3. The Commission shall adopt implementing acts concerning the measures necessary to ensure the uniform application by Greece of this Article, specifically relating to the introduction of the system of certificates, and the commitment undertaken by operators at the time of registration. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2). Article 12 Impact of advantage 1. Benefiting from the specific supply arrangements resulting from the awarding of aid shall be subject to the condition that the impact of the economic advantage is passed on up to the end-user who, as appropriate, may be the consumer in the case of products meant for direct consumption, the end processor or packager in the case of products meant for the processing or packaging industries, or farmers in the case of products used for animal feed or as agricultural inputs. The advantage referred to in the first subparagraph shall be equal to the amount of the aid. 2. In order to ensure that paragraph 1 is applied in a uniform manner, the Commission shall adopt implementing acts regarding the application of the rules set out in paragraph 1 and more specifically regarding the conditions for the monitoring, by the Member State, that the advantage has in fact been passed on up to the end-user. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2). Article 13 Export to third countries and dispatch to the rest of the Union 1. The Commission shall adopt implementing acts establishing the requirements in accordance with which products covered by the specific supply arrangements may be exported to third countries or dispatched to the rest of the Union. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2). Those requirements shall include in particular reimbursement of the aid received under the specific supply arrangements. Exports to third countries of products covered by the specific supply arrangements shall not be subject to the presentation of a certificate. 2. The first subparagraph of paragraph 1 shall not apply to products processed in the smaller islands from products that have benefited from the specific supply arrangements which are: (a) exported to third countries or dispatched to the rest of the Union within the limits of traditional exports and traditional dispatches; (b) exported to third countries as part of regional trade in accordance with the destinations and detailed provisions to be determined by the Commission; (c) dispatched between the smaller islands. Exports to third countries of products referred to in points (a) and (b) of the first subparagraph shall not be subject to the presentation of a certificate. No export refund shall be granted on the export of products referred to in points (a) and (b) of the first subparagraph. The Commission shall adopt implementing acts establishing the limits of the quantities of products referred to in point (a) and the detailed provisions referred to in point (b). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2). 3. Processing operations which may give rise to traditional trade exports or traditional dispatches shall fulfil, mutatis mutandis, the processing conditions applicable under customs control provided for in the relevant Union legislation, with the exception of all usual forms of handling. Article 14 Controls and penalties 1. The agricultural products which are the subject of the specific supply arrangements shall be subject to administrative checks at the time that they enter the smaller islands as well as when they are exported or dispatched. The Commission shall adopt implementing acts concerning the minimum characteristics of the checks to be carried out by Greece. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2). 2. Except in cases of force majeure or exceptional climatic conditions, if an operator, as referred to in Article 11, fails to comply with the commitments made in accordance with that Article, the competent authority, without prejudice to any penalties applicable under national law, shall: (a) recover the advantage granted to the operator; (b) temporarily suspend or revoke the operator's registration, depending on the seriousness of the non-compliance. 3. Except in cases of force majeure or exceptional climatic conditions, where operators, as referred to in Article 11, do not carry out the planned entry, their entitlement to apply for certificates shall be suspended by the competent authority for a period of 60 days following expiry of that certificate. After the suspension period, the issue of subsequent certificates shall be subject to the lodging of a security equal to the amount of the advantage to be granted during a period to be determined by the competent authority. The competent authority shall adopt the measures required to reutilise any quantities of products made available as a result of non-execution, partial execution or cancellation of the certificates issued or recovery of the advantage. CHAPTER IV MEASURES TO ASSIST LOCAL AGRICULTURAL PRODUCTS Article 15 Measures 1. The support programme contains the measures necessary in order to ensure continuity and development of local lines of agricultural production in the smaller islands under the scope of Part Three, Title III of the Treaty. 2. The part of the programme which includes measures to assist local agricultural production shall comprise at least the following elements: (a) a quantified description of the current agricultural production situation, taking into account the results of available evaluations, showing disparities, gaps and potential for development and the financial resources deployed; (b) a description of the strategy proposed, the priorities selected, its quantified general and operational objectives, and an appraisal showing the expected economic, environmental and social impact, including employment effects; (c) a description of the measures envisaged, and in particular aid schemes for implementing them, and, where appropriate, information on the need for any studies, demonstration projects, training or technical assistance operations relating to the preparation, implementation or adaptation of the measures concerned; (d) a list of the aid constituting direct payments in accordance with Article 2(d) of Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers (10); (e) the aid amount established for each measure and the provisional amount for each action in order to achieve one or more objectives for the programme. 3. The Commission shall adopt implementing acts concerning requirements for the provision of the aid described in paragraph 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2). 4. The programme may include measures to support production, processing, marketing and transport of raw and processed agricultural products in the smaller islands. Each measure may include a variety of actions. For each action, the programme shall define at least the following elements: (a) the beneficiaries; (b) the eligibility conditions; (c) the unit amount of aid. The Commission shall adopt delegated acts in accordance with Article 21 concerning the conditions for establishing the amount of aid awarded in respect of the support for the marketing and transport of raw and processed products outside the region in which they are produced, and, where appropriate, concerning the conditions for establishing the quantities of products subject to that aid. Article 16 Controls and wrongful payments 1. Verification of measures provided for in this Chapter shall be conducted by administrative and on-the-spot checks. 2. In the event of wrongful payments, the beneficiary concerned shall be required to reimburse the amounts in question. Article 80 of Commission Regulation (EC) No 1122/2009 of 30 November 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards cross-compliance, modulation and the integrated administration and control system, under the direct support schemes for farmers provided for that Regulation, as well as for the implementation of Council Regulation (EC) No 1234/2007 as regards cross-compliance under the support scheme provided for the wine sector (11) shall apply mutatis mutandis. CHAPTER V ACCOMPANYING MEASURES Article 17 State aid 1. For the agricultural products covered by Annex I to the Treaty, to which Articles 107, 108 and 109 thereof apply, the Commission may authorise, in accordance with Article 108 of the Treaty, operating aid in the sectors producing, processing, marketing and transporting those products, with a view to alleviating the specific constraints on farming in the smaller islands as a result of their insularity, small size, mountainous terrain and climate, their economic dependency on a small number of products and their distance from markets. 2. Greece may grant additional financing for the implementation of the support programme. In such cases, Greece shall notify the Commission of the State aid and the Commission may approve it in accordance with this Regulation as part of the support programme. Aid thus notified shall be deemed to have been notified within the meaning of the first sentence of Article 108(3) of the Treaty. 3. Without prejudice to paragraphs 1 and 2 of this Article and by way of derogation from Article 180 of Regulation (EC) No 1234/2007 and Article 3 of Council Regulation (EC) No 1184/2006 of 24 July 2006 applying certain rules of competition to the production of and trade in agricultural products (12), Articles 107, 108 and 109 of the Treaty shall not apply to payments made under Chapters III and IV of this Regulation by Greece in conformity with this Regulation. CHAPTER VI FINANCIAL PROVISIONS Article 18 Financial resources 1. The measures provided for in this Regulation shall constitute intervention intended to stabilise the agricultural markets within the meaning of Article 3(1)(b) of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (13). 2. The Union shall finance the measures provided for in Chapters III and IV up to a maximum annual amount of EUR 23,93 million. 3. The amount allocated annually to finance the specific supply arrangements referred to in Chapter III shall not exceed EUR 7,11 million. The Commission shall adopt implementing acts establishing the requirements in accordance with which Greece may amend the allocation of resources allocated each year to the various products benefiting from the specific supply arrangements. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 22(2). 4. The Commission shall adopt delegated acts, in accordance with Article 21, concerning the conditions for determining the annual maximum amount which may be allocated to measures for financing studies, demonstration projects, training and technical assistance, provided that such allocation is reasonable and proportionate. CHAPTER VII GENERAL AND FINAL PROVISIONS Article 19 National measures Greece shall take the measures necessary to ensure compliance with this Regulation, in particular as regards checks and administrative penalties, and shall inform the Commission thereof. Article 20 Communications and reports 1. Greece shall communicate to the Commission not later than 15 February each year the appropriations made available to it which it intends to spend in the following year on implementation of the forecast supply balance and for each measure promoting local agricultural production included in the support programme. 2. Greece shall submit to the Commission no later than 30 September each year a report on the implementation of the measures provided for in this Regulation over the previous year. 3. By 31 December 2016, and thereafter every five years, the Commission shall submit a general report to the European Parliament and to the Council showing the impact of the action taken under this Regulation, accompanied, if applicable, by appropriate proposals. Article 21 Exercise of the delegation 1. The power to adopt delegated acts shall be conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 11(2), Article 15(4) and Article 18(4) shall be conferred on the Commission for a period of five years from 21 March 2013. 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 11(2), Article 15(4) and Article 18(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 to revoke 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. The delegated acts adopted pursuant to Article 11(2), Article 15(4) and Article 18(4) shall enter into force only if no objection has been expressed by either the European Parliament or 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 do not intend to raise any objections. That period shall be extended by two months at the initiative of the European Parliament or of the Council. Article 22 Committee procedure 1. The Commission shall be assisted by the Management Committee for Direct Payments established under Article 141 of Regulation (EC) No 73/2009. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Article 23 Repeal Regulation (EC) No 1405/2006 is hereby repealed. References made to the repealed Regulation shall be construed as being made to this Regulation and shall be read in accordance with the correlation table set out in the Annex. Article 24 Entry into force This Regulation shall enter into force on the day following that of 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, 13 March 2013. For the European Parliament The President M. SCHULZ For the Council The President L. CREIGHTON (1) OJ C 132, 3.5.2011, p. 82. (2) Position of the European Parliament of 5 February 2013 (not yet published in the Official Journal) and decision of the Council of 25 February 2013. (3) OJ L 265, 26.9.2006, p. 1. (4) OJ L 299, 16.11.2007, p. 1. (5) OJ L 55, 28.2.2011, p. 13. (6) OJ L 155, 18.6.2009, p. 30. (7) OJ L 277, 21.10.2005, p. 1. (8) OJ L 256, 7.9.1987, p. 1. (9) OJ L 114, 26.4.2008, p. 3. (10) OJ L 30, 31.1.2009, p. 16. (11) OJ L 316, 2.12.2009, p. 65. (12) OJ L 214, 4.8.2006, p. 7. (13) OJ L 209, 11.8.2005, p. 1. ANNEX Correlation table Regulation (EC) No 1405/2006 This Regulation Article 1 Article 1 Article 2 Article 3(1) Article 3 Article 8 Article 4(1) Article 9(1) Article 4(2) Article 10 Article 4(3) Article 12(1) Article 5 Article 13 Article 7(1) Article 15(1) Article 7(2) Article 3(2) Article 8 Article 4 Article 9(a) and (b) Article 15(2) Article 9(c), (d), (e) and (f) Article 5 Article 10 Article 7 second paragraph Article 11 Article 17 Article 12 Article 18 Article 13 Article 6(1) Article 14(a) Article 6(2) to (4) Article 14(b) Article 7 first paragraph, and Article 14(1) second subparagraph, (2) and (3) Article 16 Article 19 Article 17 Article 20 Article 18 Article 23 Article 21 Article 24

Summary: Farmers in the Aegean islands - EU support Farmers in the Aegean islands - EU support The European Union has special rules to assist agriculture in the smaller Aegean islands that are affected by geographical and economic factors. ACT Regulation (EU) No 229/2013 of the European Parliament and of the Council of 13 March 2013 laying down specific measures for agriculture in favour of the smaller Aegean islands and repealing Council Regulation (EC) No 1405/2006. SUMMARY WHAT DOES THIS REGULATION DO? It allows for special arrangements that aim to compensate these islands for the difficulties they face due to their remote location. It has two aims: 1.to guarantee the supply to these smaller islands of products that are essential for human consumption or processing, as well as agricultural inputs, at a cost that compensates for their isolation; 2.to ensure, in the longer term, the continuity and development of local production. KEY POINTS Management and budget Greece decides on the appropriate geographical level at which to establish the programme and submits it to the Commission for approval. Each year, an amount of €23.93 million (of which no more than €7.11 million can be used to finance special supply arrangements) is available from the EU budget, as laid down in Article 18(2) and (3) of the regulation. Specific supply arrangements Where these are agreed, they are granted on condition that the impact of the economic advantage is passed on to the end-user who, as appropriate, may be the consumer in the case of products meant for direct consumption, the end processor or packager in the case of products meant for the processing or packaging industries or farmers in the case of products used for animal feed or as agricultural inputs. The advantage is calculated as being equal to the amount of the aid. The managing authority may require a security to be lodged equal to the amount of the advantage. Measures to assist local agricultural products The programme may include measures to support the production, processing or sale of agricultural products in the outermost regions. Each measure may include a variety of actions. For each action, the programme must define at least the beneficiaries, the eligibility conditions and the unit amount of aid allocated to that action. Checks and penalties Products that are the subject of specific supply arrangements are checked when they enter the smaller Aegean islands, as well as when they are exported or dispatched. Where the rules are not respected, the authorities may recover the advantage granted to operators (i.e. farmers and companies that own farms) and temporarily suspend/revoke their registration. Measures to assist local agricultural products are verified by means of both administrative and on-the-spot checks. In the event of a wrongful payment, the beneficiary concerned is obliged to reimburse the amount in question. WHEN DOES THIS REGULATION APPLY? From 21 March 2013. Regulation (EU) No 229/2013 repeals Regulation (EC) No 1405/2006. For further information, see the section on POSEI programmes and specific measures in favour of the smaller Aegean islands on the European Commission’s website. REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Regulation (EU) No 229/2013 21.3.2013 - OJ L 78, 20.3.2013, pp. 41-50 last update 16.03.2015


3.2.2012 EN Official Journal of the European Union L 32/1 REGULATION (EU) No 70/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 18 January 2012 on statistical returns in respect of the carriage of goods by road (recast) (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 338(1) thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Acting in accordance with the ordinary legislative procedure (1), Whereas: (1) Council Regulation (EC) No 1172/98 of 25 May 1998 on statistical returns in respect of the carriage of goods by road (2) has been substantially amended several times. Since further amendments are to be made, that Regulation should be recast in the interests of clarity. (2) In order to carry out the tasks entrusted to it in the context of the common transport policy, the Commission should have at its disposal comparable, reliable, synchronised, regular and comprehensive statistical data on the scale and development of the carriage of goods by road by means of vehicles registered in the Union, and on the degree of utilisation of vehicles carrying out this transport. (3) It is necessary to compile comprehensive regional statistics with regard to both the carriage of goods and vehicle journeys. (4) It is therefore appropriate to ensure that the regional origin and destination of transport within the Union is described on the same basis as national transport, and to provide a link between the carriage of goods and vehicle journeys by measuring the degree of utilisation of vehicles carrying out this transport. (5) In accordance with the principle of subsidiarity, the creation of common statistical standards allowing the production of harmonised information can be better achieved only at Union level, while data will be collected in each Member State under the authority of the bodies and institutions in charge of compiling official statistics. (6) Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics (3) provides a reference framework for the provisions laid down by this Regulation, in particular those concerning access to the sources of administrative data, the cost-effectiveness of available resources and statistical confidentiality. (7) Communication of individual data, once rendered anonymous, is necessary in order to estimate the overall accuracy of the results. (8) It is important to ensure that statistical information is adequately disseminated. (9) In view of the specific geographical situation of Malta, its short-range road transport journeys, its limited road network and the disproportional burden that collecting such data would cause to the Maltese authorities, a derogation should be granted to Malta. (10) In order to take account of economic and technical developments, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of updating Part 1 of Annex I, except for any modifications to the optional nature of the required information, and adapting Annexes II to VII. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. (11) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with 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 (4), HAVE ADOPTED THIS REGULATION: Article 1 Subject matter and scope 1. Each Member State shall compile statistics for the Union on the carriage of goods by road by means of goods road transport vehicles which are registered in that Member State, and on the journeys made by such vehicles. 2. This Regulation shall not apply to the carriage of goods by road by means of: (a) goods road transport vehicles whose authorised weight or dimensions exceed the limits normally permitted in the Member States concerned; (b) agricultural vehicles, military vehicles and vehicles belonging to central or local public administrations, with the exception of goods road transport vehicles belonging to public undertakings, and in particular railway undertakings. Each Member State may exclude from the scope of this Regulation goods road transport vehicles whose load capacity or maximum permissible weight is lower than a certain limit. This limit may not exceed a load capacity of 3,5 tonnes or maximum permissible weight of 6 tonnes in the case of single motor vehicles. 3. This Regulation shall not apply to Malta, so long as the number of Maltese-registered goods road transport vehicles licensed to engage in the international carriage of goods by road does not exceed 400 vehicles. For that purpose, Malta shall submit annually to Eurostat the number of goods road transport vehicles licensed to engage in the international carriage of goods by road at the latest by the end of March following the year to which the number of goods road transport vehicles relates. Article 2 Definitions For the purposes of this Regulation, the following definitions shall apply: (a) ‘carriage of goods by road’: all transport of goods by means of a goods road transport vehicle; (b) ‘road transport vehicle’: a road vehicle fitted with an engine whence it derives its sole means of propulsion, which is normally used for carrying persons or goods by road, or for drawing, on the road, vehicles used for the carriage of persons or goods; (c) ‘road vehicle for the transport of goods’: a road vehicle designed exclusively or primarily to carry goods (lorry, trailer, semi-trailer); (d) ‘goods road transport vehicle’: any single road transport vehicle, or combination of road vehicles, namely road train or articulated vehicle, designed to carry goods; (e) ‘lorry’: a rigid road vehicle designed exclusively or primarily to carry goods; (f) ‘road tractor’: a road transport vehicle designed exclusively or primarily to haul other road vehicles which are not power-driven (mainly semi-trailers); (g) ‘trailer’: a road vehicle for the transport of goods designed to be hauled by a road transport vehicle; (h) ‘semi-trailer’: a road vehicle for the transport of goods with no front axle so designed that part of the vehicle and a substantial part of its loaded weight rest on the road tractor; (i) ‘articulated vehicle’: a road tractor coupled to a semi-trailer; (j) ‘road train’: a goods road transport vehicle coupled to a trailer or an articulated vehicle with a further trailer attached; (k) ‘registered’: the state of having been entered in a register of road transport vehicles, kept by an official body in a Member State, whether or not the registration is accompanied by the issue of a registration plate. In the case of carriage by means of a combination of road transport vehicles, namely road train or articulated vehicle, in which the goods road transport vehicle and the trailer or semi-trailer are registered in different countries, the complete vehicle shall be deemed to be registered in the country where the goods road transport vehicle is registered; (l) ‘load capacity’: maximum weight of goods declared permissible by the competent authority of the country of registration of the vehicle. When the goods road transport vehicle is a road train made up of a lorry with trailer, the load capacity of the road train is the sum of the load capacities of the lorry and the trailer; (m) ‘maximum permissible weight’: total weight of the vehicle (or vehicle combination) when stationary and ready for the road and of the weight of the load declared permissible by the competent authority of the country of registration of the vehicle; (n) ‘Eurostat’: the Commission department responsible for carrying out the tasks incumbent on the Commission in the field of the production of Union statistics. Article 3 Data collection 1. Member States shall compile statistical data relating to the following areas: (a) vehicle; (b) journey; (c) goods. 2. The statistical variables in each area, their definition and the levels within the classification used for their breakdown are set out in Annexes I to VII. 3. When determining the method to be used for compiling statistical data, Member States shall refrain from carrying out any formalities at frontiers between Member States. 4. The Commission shall be empowered to adopt, where necessary, delegated acts in accordance with Article 8 concerning the updating of Part 1 of Annex I, solely in order to take account of economic and technical developments, except for any modifications to the optional nature of the required information. The Commission shall also be empowered to adopt, where necessary, delegated acts in accordance with Article 8 concerning the adaptation of Annexes II to VII to take account of economic and technical developments. In exercising its power pursuant to this paragraph, the Commission shall ensure that any delegated acts adopted do not impose significant additional administrative burdens on the Member States and on the respondents. Article 4 Precision of statistical results Member States shall ensure that their methods for the collection and processing of statistical data are designed to ensure that the statistical results transmitted pursuant to this Regulation are sufficiently precise so as to enable the Commission to have at its disposal comparable, reliable, synchronised, regular and comprehensive statistical data, whilst taking account of the structural characteristics of road transport in the Member States. For the purpose of the first paragraph, the Commission shall, by means of implementing acts, adopt detailed technical rules regarding the precision of the statistical data required. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 9(2). Article 5 Transmission of statistical results to Eurostat 1. Member States shall transmit to Eurostat every quarter duly verified individual data corresponding to the variables referred to in Article 3 and listed in Annex I, without indicating the name, address or registration number. Such transmission shall, where appropriate, include statistical data relating to previous quarters for which the data transmitted were provisional. 2. The Commission shall, by means of implementing acts, adopt the arrangements for transmitting the data referred to in paragraph 1, including, where appropriate, the statistical tables based on those data. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 9(2). 3. The transmission of the data referred to in paragraph 1, shall take place within 5 months of the end of each quarterly period of observation. The first transmission shall cover the first quarter of 1999. Article 6 Dissemination of statistical results Statistical results in respect of the carriage of goods by road shall be disseminated no later than 12 months after the end of the period to which the results relate. The Commission shall, by means of implementing acts, adopt rules on the dissemination of statistical results in respect of the carriage of goods by road, including the structure and content of the results to be disseminated. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 9(2). Article 7 Reports 1. Member States shall forward to Eurostat, on or before the date on which the first quarterly information is forwarded, a report on the methods used in compiling statistical data. Member States shall also forward to Eurostat details of any substantial changes in the methods used to collect the statistical data. 2. Member States shall provide Eurostat with information each year on sample sizes, non-response rates and, in the form of standard error or confidence intervals, the reliability of the main statistical results. 3. By 31 December 2014 and every 3 years thereafter, the Commission shall submit a report on the implementation of this Regulation to the European Parliament and to the Council. That report shall evaluate in particular the quality of the statistical data transmitted, the data collection methods as well as the administrative burdens on the Member States and on the respondents. The report shall, if appropriate, be accompanied by proposals for modifying the list of variables, taking into account the findings of related projects, in particular those on air pollution emissions caused by the carriage of goods by road. Article 8 Exercise of the delegation 1. The power to adopt the 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(4) shall be conferred on the Commission for a period of 5 years from 23 February 2012. The Commission shall draw up a report in respect of the delegation of power not later than 9 months before the end of the 5-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 3 months before the end of each period. 3. The delegation of power referred to in Article 3(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 3(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 2 months of notification of that act to the European Parliament and to 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 2 months at the initiative of the European Parliament or of the Council. Article 9 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. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. Article 10 Repeal Regulation (EC) No 1172/98 is repealed. 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 IX. Article 11 Entry into force 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, 18 January 2012. For the European Parliament The President M. SCHULZ For the Council The President N. WAMMEN (1) Position of the European Parliament of 1 December 2011 (not yet published in the Official Journal) and decision of the Council of 12 December 2011. (2) OJ L 163, 6.6.1998, p. 1. (3) OJ L 87, 31.3.2009, p. 164. (4) OJ L 55, 28.2.2011, p. 13. ANNEXES Annex I LIST OF VARIABLES AND METHODOLOGICAL APPENDIX Annex II CLASSIFICATION OF AXLE CONFIGURATIONS Annex III CLASSIFICATION OF TYPES OF JOURNEY Annex IV CLASSIFICATION OF GOODS Annex V CLASSIFICATION OF CATEGORIES OF DANGEROUS GOODS Annex VI CLASSIFICATION OF CARGO TYPES Annex VII CODING OF PLACES OF LOADING AND UNLOADING BY COUNTRY AND REGION Annex VIII REPEALED REGULATION WITH LIST OF ITS SUCCESSIVE AMENDMENTS Annex IX CORRELATION TABLE ANNEX I Part 1 LIST OF VARIABLES A1. vehicle-related variables; A2. journey-related variables; A3. goods-related variables (in the basic transport operation). A1. VEHICLE-RELATED VARIABLES Pursuant to the definition given in Article 2, point (d), a goods road transport vehicle shall be any single road transport vehicle, or combination of road vehicles, namely road train or articulated vehicle designed to carry goods. The vehicle-related variables to be provided are the following: 1. possibility of using vehicles for combined transport (optional); 2. axle configuration according to Annex II (optional); 3. age of the road transport vehicle (lorry or road tractor) in years (from its first registration); 4. maximum permissible weight, in 100 kg; 5. load capacity, in 100 kg; 6. vehicle operator’s NACE Rev. 2 at class level (four-digit level) (optional) (1); 7. type of transport (hire or reward/own account); 8. total kilometres covered during the survey period; 8.1. loaded; 8.2. empty (including road tractor journeys without semi-trailer) (optional); 9. vehicle weighting, to be used to obtain full results from individual data if the data are collected on the basis of random sampling. Successive configurations When the road transport vehicle chosen for the survey is a lorry used alone, namely without a trailer, throughout the survey period, it constitutes in itself the road vehicle for the transport of goods. However, when the road transport vehicle chosen for the survey is a road tractor — in which case it will have a semi-trailer coupled — or when it is a lorry to which a trailer is coupled, the data required under this Regulation concern the road vehicle for the transport of goods taken as a whole. In this case, there may be a change of configuration during the survey period (with a lorry acquiring a trailer or changing trailer during the period, or a road tractor changing its semi-trailer). In such a case, these successive configurations must be recorded, and the data on the vehicle must be supplied for each journey. However, if it is not possible to record these successive configurations, it is agreed that, for the vehicle-related variables, those corresponding to the configuration at the beginning of the first laden journey made during the survey period or to the configuration used most during that period will be recorded. Change in type of transport In the same way, depending on the journey, the transport may be effected on own account or for hire or reward, and the type of transport must be recorded for each journey. However, if it is not possible to record these changes, it is agreed that the ‘type of transport’ recorded will be that corresponding to the main mode of utilisation. A2. JOURNEY-RELATED VARIABLES During the survey period, the goods road transport vehicle makes journeys, either unloaded (there are no goods or empty packaging in the lorry, the trailer or the semi-trailer, which are therefore ‘completely empty’) or loaded (there are either goods or empty packaging in the lorry, the trailer or the semi-trailer, empty packaging being a particular type of goods). The loaded distance of the goods road transport vehicle is the distance between the first place of loading and the last place of unloading (where the goods road transport vehicle is completely emptied). A laden journey can therefore cover several basic transport operations. The variables to be provided for each journey are as follows: 1. type of journey in accordance with the nomenclature in Annex III; 2. weight of goods carried during the journey or during each stage of the journey, gross weight in 100 kg; 3. place of loading (of the goods road transport vehicle, for a laden journey): — definition: the place of loading is the first place in which goods are loaded on the goods road transport vehicle, which was previously completely empty (or where the road tractor is coupled up to a laden semi-trailer). For an unladen journey, it is the place of unloading of the preceding laden journey (notion of ‘place where unladen journey begins’), — coding: the place of loading is coded in accordance with Annex VII; 4. place of unloading (of the goods road transport vehicle, for a laden journey): — definition: the place of unloading is the last place in which goods are unloaded from the goods road transport vehicle, which is subsequently completely empty (or where the road tractor is uncoupled from a semi-trailer). For an unladen journey, it is the place of loading of the subsequent laden journey (notion of ‘place where unladen journey ends’), — coding: the place of unloading is coded in accordance with Annex VII; 5. distance travelled: actual distance excluding the distance covered by the goods road transport vehicle while being transported by another means of transport; 6. tonne-kilometre effected during the journey; 7. countries crossed in transit (not more than five), coded according to Annex VII; 8. place of loading, if any, of the road transport vehicle on another means of transport in accordance with Annex VII (optional); 9. place of unloading, if any, of the road transport vehicle from another means of transport in accordance with Annex VII (optional); 10. situation ‘fully loaded’ (procedure 2) or ‘not fully loaded’ (procedure 1) of the goods road transport vehicle during the journey in question, in terms of maximum volume of space used during the journey (procedure 0 = by convention for unladen journeys) (optional). A3. GOODS-RELATED VARIABLES (in the basic transport operation) During a laden journey, several basic transport operations can be carried out, a basic transport operation being defined as the transport of one type of goods (defined by reference to a particular classification level) between its place of loading and its place of unloading. The variables to be provided relating to a basic transport operation during a laden journey are as follows: 1. type of goods, according to the division level referring to an appropriate classification (see Annex IV); 2. weight of goods: gross weight in 100 kg; 3. if need be, the classification of the goods as dangerous according to the main categories of Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (2) given in Annex V to this Regulation; 4. type of freight as given in Annex VI (optional); 5. place of loading of the goods, coded in accordance with Annex VII; 6. place of unloading of the goods, coded in accordance with Annex VII; 7. distance travelled, actual distance excluding the distance covered with the goods road transport vehicle while being transported by another means of transport. Transport operations carried out during a ‘collection or distribution round’ type of journey (journey-type 3) For this type of journey, with several loading and/or unloading points, it is practically impossible to ask the transport operators to describe the basic transport operations. For these journeys, when identified as such, a single, notional, basic transport operation is generally generated on the basis of the information on the journey. Each Member State shall inform the Commission of its definition of this type of journey and explain the simplifying assumptions it is obliged to apply when collecting data on the corresponding transport operations. Part 2 METHODOLOGICAL APPENDIX Laden journeys and basic transport operations Depending on the Member State concerned, information on transport is collected on the basis of: — either a description of each basic goods transport operation (with additional details on unladen journeys), — or a description of the journeys made by the vehicle in carrying out these basic goods transport operations. In the great majority of cases, when a laden journey is made this represents one basic transport operation only with: — a single type of goods loaded (by reference to the classification of goods in use, in this case the 20 divisions derived from the NST classification) (3), — a single point of loading for the goods, — a single point of unloading for the goods. In this case the two methods used are completely equivalent, and the information collected by either method describes both: — the transport of the goods (all the basic goods transport operations), — the journeys made by the vehicles carrying out this transport, with details of vehicle capacities and utilisation of these capacities (laden journey with utilisation coefficient; unladen journey). Under this Regulation, the transport of goods and the journeys made by the vehicles must both be described, but it is undesirable to impose on the transport operators an excessive increase in the burden of statistics by asking them to describe in detail the transport of goods and the vehicle journeys. Accordingly, the NSOs in the Member States, when coding the questionnaires, must reconstitute the data which are not explicitly required from the transport operators from the data which they collect on the basis of either the ‘basic transport operation’, or the ‘vehicle journey’. The problem will arise when several basic transport operations are carried out in the course of one laden journey, which may be because: — there are several points of loading and/or unloading of the goods (but limited in number, otherwise these would be pick-up or distribution rounds, which require special treatment). In this case, these various loading and/or unloading points are recorded, in order to calculate directly the tonne-kilometre effected during the journey, and the statistical office can reconstitute the basic transport operations, and/or — there are several different types of goods transported during the laden journey, a fact which in general is not recorded in the statistics, since only the type of goods (single or main) is requested. In this case the loss of information is accepted and Member States carrying out this type of simplification will make explicit mention of it to the Commission. (1) Statistical classification of economic activities in the European Union. (2) OJ L 260, 30.9.2008, p. 13. (3) NST: Uniform nomenclature of goods for transport statistics. ANNEX II CLASSIFICATION OF AXLE CONFIGURATIONS Where a combination of vehicles is used, the axle configuration counts the total number of axles, namely the axles of the lorry or the road tractor, plus those of the trailer or semi-trailer. The axle categories considered are as follows: Coding 1. Number of axles of single vehicles (lorries): 2 120 3 130 4 140 other 199 2. Number of axles for combinations of vehicles: lorry and trailer: 2+1 221 2+2 222 2+3 223 3+2 232 3+3 233 other 299 3. Number of axles for combinations of vehicles: road tractor and semi-trailer: 2+1 321 2+2 322 2+3 323 3+2 332 3+3 333 other 399 4. Road tractor alone 499 ANNEX III CLASSIFICATION OF TYPES OF JOURNEY 1. Laden journey involving one single basic transport operation. 2. Laden journey involving several transport operations, but not considered as a collection or distribution round. 3. Laden journey of the collection or distribution round type. 4. Unladen journeys. ANNEX IV CLASSIFICATION OF GOODS Division Description 01 Products of agriculture, hunting, and forestry; fish and other fishing products 02 Coal and lignite; crude petroleum and natural gas 03 Metal ores and other mining and quarrying products; peat; uranium and thorium 04 Food products, beverages and tobacco 05 Textiles and textile products; leather and leather products 06 Wood and products of wood and cork (except furniture); articles of straw and plaiting materials; pulp, paper and paper products; printed matter and recorded media 07 Coke and refined petroleum products 08 Chemicals, chemical products, and man-made fibres; rubber and plastic products; nuclear fuel 09 Other non-metallic mineral products 10 Basic metals; fabricated metal products, except machinery and equipment 11 Machinery and equipment n.e.c.; office machinery and computers; electrical machinery and apparatus n.e.c.; radio, television and communication equipment and apparatus; medical, precision and optical instruments; watches and clocks 12 Transport equipment 13 Furniture; other manufactured goods n.e.c. 14 Secondary raw materials; municipal wastes and other wastes 15 Mail, parcels 16 Equipment and material utilised in the transport of goods 17 Goods moved in the course of household and office removals; baggage transported separately from passengers; motor vehicles being moved for repair; other non-market goods n.e.c. 18 Grouped goods: a mixture of types of goods which are transported together 19 Unidentifiable goods: goods which for any reason cannot be identified and therefore cannot be assigned to groups 1-16 20 Other goods n.e.c. ANNEX V CLASSIFICATION OF CATEGORIES OF DANGEROUS GOODS 1 Explosives 2 Gases, compressed, liquefied or dissolved under pressure 3 Flammable liquids 4.1 Flammable solids 4.2 Substances liable to spontaneous combustion 4.3 Substances which, in contact with water, emit flammable gases 5.1 Oxidising substances 5.2 Organic peroxides 6.1 Toxic substances 6.2 Substances liable to cause infections 7 Radioactive material 8 Corrosives 9 Miscellaneous dangerous substances ANNEX VI CLASSIFICATION OF CARGO TYPES (1) 0 Liquid bulk goods (no cargo unit) 1 Solid bulk goods (no cargo unit) 2 Large freight containers 3 Other freight containers 4 Palletised goods 5 Pre-slung goods 6 Mobile, self-propelled units 7 Other mobile units 8 (Reserved) 9 Other cargo types (1) United Nations, Economic Commission for Europe — Codes for types of cargo, packages and packaging materials, Recommendation 21 adopted by the Working Party on Facilitation of International Trade Procedures, Geneva, March 1986. ANNEX VII CODING OF PLACES OF LOADING AND UNLOADING BY COUNTRY AND REGION 1. The places of loading and unloading will be coded as follows: (a) regional breakdown to Level 3 of the Nomenclature of Territorial Units for Statistics (NUTS), for the Member States; (b) lists of administrative regions supplied by the third country concerned, for States which are not Members but which are contracting parties to the Agreement on the European Economic Area (EEA), namely Iceland, Liechtenstein and Norway; (c) the 2-alpha ISO 3166 codes, for other third countries. The most frequently-used codes are given in the table in point 2(b) of this Annex. 2. For the coding of countries crossed in transit (Section 7 of Annex I, Part A2), the following country codes are to be used: (a) the 2-alpha part of the NUTS codes, as given in the table below, for the Member States; (b) the 2-alpha ISO 3166 codes, for all other countries. The most frequently-used codes are given in the table below. TABLE OF COUNTRY CODES (a) Member States (corresponding to NUTS 2-alpha country codes) Country name Code Belgium BE Bulgaria BG Czech Republic CZ Denmark DK Germany DE Estonia EE Ireland IE Greece EL Spain ES France FR Italy IT Cyprus CY Latvia LV Lithuania LT Luxembourg LU Hungary HU Malta MT Netherlands NL Austria AT Poland PL Portugal PT Romania RO Slovenia SI Slovakia SK Finland FI Sweden SE United Kingdom UK Note: countries in official European Union order. (b) Other countries (ISO 3166 2-alpha codes) Country name Code Albania AL Bosnia and Herzegovina BA Belarus BY Switzerland CH Croatia HR Iceland IS Liechtenstein LI Moldova MD Montenegro ME former Yugoslav Republic of Macedonia, the MK (1) Norway NO Serbia RS Russia RU Turkey TR Ukraine UA Note: countries ordered by code. (1) Provisional code, which does not prejudge in any way the definitive nomenclature for this country, which will be agreed following the conclusion of negotiations currently taking place on this subject at the United Nations. ANNEX VIII REPEALED REGULATION WITH LIST OF ITS SUCCESSIVE AMENDMENTS Council Regulation (EC) No 1172/98 (OJ L 163, 6.6.1998, p. 1) Commission Regulation (EC) No 2691/1999 (OJ L 326, 18.12.1999, p. 39) Point 10.15 of Annex II to the 2003 Act of Accession (OJ L 236, 23.9.2003, p. 561) Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1) Only Annex II, point 27 Council Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1) Only point 8.5 of the Annex Regulation (EC) No 1893/2006 of the European Parliament and of the Council (OJ L 393, 30.12.2006, p. 1) Only Article 13 Commission Regulation (EC) No 1304/2007 (OJ L 290, 8.11.2007, p. 14) Only Article 2 Regulation (EC) No 399/2009 of the European Parliament and of the Council (OJ L 126, 21.5.2009, p. 9) ANNEX IX CORRELATION TABLE Regulation (EC) No 1172/98 This Regulation Article 1 Article 1 Article 2, first to fourteenth indents Article 2, points (a) to (n) Article 3 Article 3 Article 4 Article 4 Article 5(1), (2) and (3) Article 5(1), (2) and (3) Article 5(4) — Article 5(5) — Article 6 Article 6 Article 7(1) and (2) Article 7(1) and (2) Article 7(3) — Article 8 — — Article 8 Article 10(1) and (2) Article 9(1) and (2) Article 10(3) — Article 11 — — Article 10 Article 12 Article 11 Annexes A to G Annexes I to VII — Annex VIII — Annex IX

Summary: Rules for the compilation of statistics regarding goods carried by road Rules for the compilation of statistics regarding goods carried by road SUMMARY OF: Regulation (EU) No 70/2012 — road freight statistics WHAT IS THE AIM OF THIS REGULATION? It sets out the rules for the production of comparable EU-wide statistics on goods transport by road. It revises and repeals Regulation (EC) No 1172/98, which had been amended several times, and aligns the regulation with the Lisbon treaty with regard to the delegation of powers to the European Commission to adopt supplementary legislation. KEY POINTS Scope EU countries must each compile and transmit to the Commission (Eurostat) data relating to freight transported by means of road transport vehicles registered on their territory. The regulation does not apply to freight transported by: goods road transport vehicles whose authorised weight or dimensions exceed the limits normally permitted in the EU countries concerned; agricultural vehicles, military vehicles and vehicles belonging to central or local public administrations, with the exception of goods road transport vehicles belonging to public companies , and in particular railway companies. EU countries may exclude goods road transport vehicles whose load capacity or maximum permissible weight is lower than a certain limit. That limit may not exceed a load capacity of 3.5 tonnes or a maximum permissible weight of 6 tonnes in the case of single motor vehicles. The regulation does not apply to Malta so long as the number of Maltese-registered goods road transport vehicles licensed to engage in the international carriage of freight by road does not exceed 400 vehicles. Data collection and transmission Every quarter, by means of sample surveys, EU countries must compile and transmit data to Eurostat relating to 3 areas: vehicles (see the regulation’s Annexes I and II); journeys (see the regulation’s Annex III); goods (see the regulation’s Annexes IV and V). EU countries must transmit data within 5 months of the end of the quarter under observation. Dissemination of results Eurostat disseminates the data no later than 12 months after the end of the period to which they relate. Reports When they forward the data for the first quarter, EU countries send a report to Eurostat on the methods used to compile data. They must also inform Eurostat if they make any substantial changes to these methods. Every year, they must provide Eurostat with information on sample sizes, non-response rates and, in the form of standard error or confidence intervals, the reliability of the main statistical results. The Commission (Eurostat) must report for the first time by December 2014, and thereafter every 3 years, to the European Parliament and the Council on the regulation’s implementation. Committee The Commission is advised and assisted by the European Statistical System Committee established by Regulation (EC) No 223/2009. Powers delegated to the Commission The Commission has not yet exercised the power to adopt delegated acts that the regulation granted to it. In a report, published in 2016, the Commission explained that neither economic and technical developments in the field of road freight transport nor conclusions of the Commission’s Working Groups on road freight statistics involving experts from EU countries raised the need to use these delegated powers. FROM WHEN DOES THE REGULATION APPLY? It has applied since 23 February 2012. BACKGROUND For more information, see: Road freight transport statistics (Eurostat). MAIN DOCUMENT Regulation (EU) No 70/2012 of the European Parliament and of the Council of 18 January 2012 on statistical returns in respect of the carriage of goods by road (OJ L 32, 3.2.2012, pp. 1-18) Successive amendments to Regulation (EU) No 70/2012 have been incorporated into the original document. This consolidated version is of documentary value only. RELATED DOCUMENTS Report from the Commission to the European Parliament and the Council on the exercise of the power to adopt delegated acts conferred on the Commission under Regulation (EU) No 70/2012 of 18 January 2012 on statistical returns in respect of the carriage of goods by road (COM(2016) 562 final, 12.9.2016) Report from the Commission to the European Parliament and the Council on the implementation of Regulation (EU) No 70/2012 of the European Parliament and of the Council of 18 January 2012 on statistical returns in respect of the carriage of goods by road (COM(2015) 17 final, 26.1.2015) last update 07.11.2017