Annexes I, II, IV, V, VI and VIII to Directive 95/64/EC are replaced by Annexes I, II, III, IV, V and VI to this Decision.
Commission Decision of 4 March 2005 implementing Council Directive 95/64/EC on statistical returns in respect of carriage of goods and passengers by sea and amending Annexes thereto (notified under document number C(2005) 463) (Text with EEA relevance) (2005/366/EC)
Commission Decision of 4 March 2005 implementing Council Directive 95/64/EC on statistical returns in respect of carriage of goods and passengers by sea and amending Annexes thereto (notified under document number C(2005) 463) (Text with EEA relevance) (2005/366/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 95/64/EC of 8 December 1995 on statistical returns in respect of carriage of goods and passengers by sea(1), and in particular Article 4(1) and Article 12 thereof,
Whereas:
Additional statistical variables, definitions and structure for statistical datasets are necessary to distinguish the collection of data on cruise passengers.
The type of cargo classification needs to be modified to ensure a clear definition of the scope of the statistics.
The nomenclature on the maritime coastal areas and the nomenclature on the nationality of registration of vessels need to be adapted to technical developments.
In accordance with Article 12, the first indent, of Directive 95/64/EC, the Commission may adapt the content of the Annexes thereto. Directive 95/64/EC should therefore be amended accordingly.
In accordance with Article 4 of Directive 95/64/EC, the Commission may draw up and update the list of ports coded and classified by country and maritime coastal area.
Commission Decision 98/385/EC of 13 May 1998 on rules for implementing Council Directive 95/64/EC on statistical returns in respect of carriage of goods and passengers by sea(2), provided for a list of ports.
The list of ports needs to be updated. Decision 98/385/EC should therefore be amended.
Commission Decision 2000/363/EC of 28 April 2000 on rules for implementing Council Directive 95/64/EC on statistical returns in respect of carriage of goods and passengers by sea(3) amended the Annexes II, IV, V and VIII to Directive 95/64/EC and the list of ports drawn up in Annex II to Decision 98/385/EC. It can therefore be repealed.
The measures provided for in this Decision are in accordance with the opinion of the Statistical Programme Committee set up by Council Decision 89/382/EEC, Euratom of 19 June 1989 establishing a Committee on the Statistical Programmes of the European Communities(4),
HAS ADOPTED THIS DECISION:
Article 1
Article 3
Decision 2000/363/EC shall be repealed.
Any references to the repealed Decision shall be construed as references to this Decision.
Article 4
This Decision is addressed to the Member States.
This Decision shall apply from the reference year 2004, covering the 2004 data.
ANNEX I
‘ANNEX I
VARIABLES AND DEFINITIONS
1. Statistical Variables
(a) Cargo and passenger information
Gross weight of goods in tonnes,
type of cargo, according to the nomenclature shown in Annex II,
description of the goods, using the nomenclature shown in Annex III,
reporting port,
direction of movement, whether inwards or outwards,
for inward cargo: the port of loading (i.e. the port in which the cargo was loaded on to the ship in which it arrived in the reporting port) using individual ports in the European Economic Area (EEA) countries shown in the port list, and the maritime coastal areas outside the EEA countries, shown in Annex IV,
for outward cargo: the port of unloading (i. e. the port in which the cargo is to be unloaded from the ship in which it left the reporting port) using individual ports in the EEA countries shown in the port list, and the maritime coastal areas outside the EEA countries, shown in Annex IV,
number of passengers starting or finishing a voyage as well as number of cruise passengers on a cruise passenger excursion.
For goods carried in containers or ro-ro units, the following additional particulars shall be provided:
total number of containers (with and without cargo),
number of containers without cargo,
total number of mobile (ro-ro) units with and without cargo,
number of mobile (ro-ro) units without cargo.
(b) Information on the vessel
Number of vessels;
deadweight of vessels or gross tonnage;
country or territory of registration of vessels, using the nomenclature shown in Annex V;
type of vessels, using the nomenclature shown in Annex VI;
size of vessels, using the nomenclature shown in Annex VII.
2. Definitions
“Freight container” means an article of transport equipment:
of a permanent nature and accordingly strong enough to be suitable for repeated use;
specially designed to facilitate the carriage of goods by one or more modes of transport, without intermediate reloading;
fitted with devices permitting its ready handling, particularly its transfer from one mode of transport to another;
so designed as to be easy to fill and empty;
having a length of 20 feet or more.
“Ro-ro unit” means wheeled equipment for carrying cargo, such as a truck, trailer or semi-trailer, which can be driven or towed onto a vessel. Port or ships' trailers are included in this definition. Classifications should follow United Nations ECE Recommendation No 21 “Codes for types of cargo, packages and packaging materials”.
“Container cargo” means containers with or without cargo which are lifted on or off the vessels which carry them by sea.
“Ro-ro cargo” means goods, whether or not in containers, on ro-ro units, and ro-ro units which are rolled on and off the vessels which carry them by sea.
“Gross weight of goods” means the tonnage of goods carried, including packaging but excluding the tare weight of containers or ro-ro units.
“Deadweight (DWT)” means the difference in tonnes between the displacement of a ship on summer load-line in water with a specific gravity of 1,025 and the total weight of the ship, i. e. the displacement in tonnes of a ship without cargo, fuel, lubricating oil, ballast water, fresh water and drinking water in the tanks, usable supplies as well as passengers, crew and their possessions.
“Gross tonnage” means the measure of the overall size of a ship determined in accordance with the provisions of the International Convention on Tonnage Measurement of Ships, 1969.
“Cruise passenger” means a sea passenger making a sea journey on a cruise ship. Passengers on day excursions are excluded.
“Cruise ship” means a passenger ship intended to provide passengers with a full tourist experience. All passengers have cabins. Facilities for entertainment aboard are included. Ships operating normal ferry services are excluded, even if some passengers treat the service as a cruise. In addition, cargo-carrying vessels able to carry a very limited number of passengers with their own cabins are also excluded. Ships intended solely for day excursions are also excluded.
“Cruise passenger excursion” means a short visit by a cruise passenger to a tourist attraction associated with a port while retaining a cabin on board.’