Legal provisions of COM(2010)65 - Amendment of Directive 2009/42/EC on statistical returns in respect of carriage of goods and passengers by sea

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Article 1

Directive 2009/42/EC is hereby amended as follows:

(1)in Article 3(4), the second subparagraph is replaced by the following:

‘The Commission may adopt those measures by means of delegated acts in accordance with Article 10a and subject to the conditions of Articles 10b and 10c.’;

(2)in Article 4(1), the second subparagraph is replaced by the following:

‘The Commission may adopt those measures by means of delegated acts in accordance with Article 10a and subject to the conditions of Articles 10b and 10c.’;

(3)in Article 5, the third paragraph is replaced by the following:

‘The Commission may adopt those measures by means of delegated acts in accordance with Article 10a and subject to the conditions of Articles 10b and 10c.’;

(4)in Article 10, paragraph 3 is deleted;

(5)the following Articles are inserted:

‘Article 10a

Exercise of the delegation

1. The power to adopt delegated acts referred to in Article 3(4), Article 4(1) and the third paragraph of Article 5 shall be conferred on the Commission for a period of 5 years from 29 December 2010. The Commission shall draw up a report in respect of the delegated power at the latest 6 months before the end of the five-year period. The delegation of power shall be automatically extended for periods of an identical duration, unless the European Parliament or the Council revokes it in accordance with Article 10b.

2. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

3. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in Articles 10b and 10c.

Article 10 - b Revocation of the delegation

1. The delegation of power referred to in Article 3(4), Article 4(1) and the third paragraph of Article 5 may be revoked at any time by the European Parliament or by the Council.

2. The institution which has commenced an internal procedure for deciding whether to revoke a delegation of power shall endeavour to inform the other institution and the Commission within a reasonable time before the final decision is taken, indicating the delegated power which could be subject to revocation and possible reasons for a revocation.

3. The decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect immediately or at a later date specified therein. It shall not affect the validity of the delegated acts already in force. It shall be published in the Official Journal of the European Union.

Article 10 - c Objections to delegated acts

1. The European Parliament or the Council may object to a delegated act within a period of 2 months from the date of notification.

At the initiative of the European Parliament or the Council that period shall be extended by 2 months.

2. If, on expiry of the period referred to in paragraph 1, neither the European Parliament nor the Council has objected to the delegated act, it shall be published in the Official Journal of the European Union and shall enter into force on the date stated therein.

The delegated act may be published in the Official Journal of the European Union and enter into force before the expiry of that period if the European Parliament and the Council have both informed the Commission of their intention not to raise objections.

3. If either the European Parliament or the Council objects to the delegated act within the period referred to in paragraph 1, it shall not enter into force. The institution which objects shall state the reasons for objecting to the delegated act.’;

(6)the second paragraph of Annex VIII is deleted.

Article 2

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

The first reference year for the application of this Regulation shall be 2011, covering the 2011 data.

This Regulation shall be binding in its entirety and directly applicable in all Member States.