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Regulation (EC) No 91/2003 of the European Parliament and of the Council of 16 December 2002 on rail transport statistics (repealed)
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THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 285 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the Economic and Social Committee(2),
Having consulted the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),
Whereas:
(1) Railways are an important part of the Community's transport networks.
(2) The Commission needs statistics on the transport of goods and passengers by rail in order to monitor and develop the common transport policy, as well as the transport elements of policies on the regions and on trans-European networks.
(3) Statistics on rail safety are required by the Commission in order to prepare and monitor Community actions in the field of transport safety.
(4) Community statistics on rail transport are also required in order to fulfil the monitoring tasks provided for in Article 10b of Council Directive 91/440/EEC of 29 July 1991 on the development of the Community's railways(4).
(5) Community statistics on all modes of transport should be collected according to common concepts and standards, with the aim of achieving the fullest practicable comparability between transport modes.
(6) The restructuring of the rail industry under Directive 91/440/EEC, as well as changes in the type of information required by the Commission and by other users of Community statistics on rail transport, renders obsolete the provisions of Council Directive 80/1177/EEC of 4 December 1980 on statistical returns in respect of carriage of goods by rail, as part of regional statistics(5) in relation to the collection of statistics from specified administrations of main rail networks.
(7) The coexistence of publicly and privately owned railway undertakings operating in a commercial rail transport market requires an explicit specification of the statistical information which should be provided by all railway undertakings and disseminated by Eurostat.
(8) In accordance with the principle of subsidiarity laid down in Article 5 of the Treaty, the creation of common statistical standards which permit the production of harmonised data is an action which can only be undertaken efficiently at Community level. Such standards should be implemented in each Member State under the authority of the bodies and institutions in charge of producing official statistics.
(9) Council Regulation (EC) No 322/97 of 17 February 1997 on Community statistics(6) provides a reference framework for the provisions laid down by this Regulation.
(10) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(7).
(11) The Statistical Programme Committee established by Council Decision 89/382/EEC, Euratom of 19 June 1989 establishing a Committee on the Statistical Programmes of the European Communities(8) has been consulted in accordance with Article 3 of the said Decision,
HAVE ADOPTED THIS REGULATION:
The objective of this Regulation is to establish common rules for the production of Community rail transport statistics.
This Regulation shall cover all railways in the Community. Each Member State shall report statistics which relate to rail transport on its national territory. Where a railway undertaking operates in more than one Member State, the national authorities concerned shall require the undertaking to provide data separately for each country in which it operates so as to enable national statistics to be compiled.
Member States may exclude from the scope of this Regulation:
railway undertakings which operate entirely or mainly within industrial and similar installations, including harbours;
railway undertakings which mainly provide local tourist services, such as preserved historical steam railways.
[F11. For the purposes of this Regulation the following definitions shall apply:
‘ reporting country ’ means the Member State transmitting data to Eurostat;
‘ national authorities ’ means national statistical institutes and other bodies responsible in each Member State for producing Community statistics;
‘ railway ’ means line of communication made up by rail exclusively for the use of railway vehicles;
‘ railway vehicle ’ means mobile equipment running exclusively on rails, moving either under its own power (tractive vehicles) or hauled by another vehicle (coaches, railcar trailers, vans and wagons);
‘ railway undertaking ’ means any public or private undertaking which provides services for the transport of goods and/or passengers by rail. Undertakings whose only business is to provide services for the transport of passengers by metro, tram and/or light rail are excluded;
‘ transport of goods by rail ’ means the movement of goods using railway vehicles between the place of loading and the place of unloading;
‘ transport of passengers by rail ’ means the movement of passengers using railway vehicles between the place of embarkation and the place of disembarkation. The transport of passengers by metro, tram and/or light rail is excluded;
‘ metro ’ (also known as ‘ subway ’ , ‘ metropolitan railway ’ or ‘ underground ’ ) means an electric railway for the transport of passengers with the capacity for a heavy volume of traffic and characterised by exclusive rights-of-way, multi-car trains, high speed and rapid acceleration, sophisticated signalling as well as the absence of level crossings to allow a high frequency of trains and high platform load. Metros are also characterised by closely spaced stations, normally meaning a distance of 700 to 1 200 m between the stations. ‘ High speed ’ refers to the comparison with trams and light rail, and means here approximately 30 to 40 km/h on shorter distances, 40 to 70 km/h on longer distances;
‘ tram (streetcar) ’ means a passenger road vehicle designed to seat more than nine persons (including the driver), which is connected to electric conductors or powered by diesel engine and which is rail-borne;
‘ light rail ’ means a railway for the transport of passengers that often uses electrically powered rail-borne cars operating singly or in short trains on fixed duo-rail lines. There is generally a distance of less than 1 200 m between stations/stops. In comparison to metros, light rail is more lightly constructed, is designed for lower traffic volumes and usually travels at lower speeds. It is sometimes difficult to make a precise distinction between light rail and trams; trams are generally not separated from road traffic, whereas light rail may be separated from other systems;
‘ national transport ’ means rail transport between two places (a place of loading/embarkation and a place of unloading/disembarkation) located in the reporting country. It may involve transit through a second country;
‘ international transport ’ means rail transport between a place (of loading/embarkation or unloading/disembarkation) in the reporting country and a place (of loading/embarkation or unloading/disembarkation) in another country;
‘ transit ’ means rail transport through the reporting country between two places (a place of loading/embarkation and a place of unloading/disembarkation) outside the reporting country. Transport operations involving loading/embarkation or unloading/disembarkation of goods/passengers at the border of the reporting country from/onto another mode of transport are not considered as transit;
‘ rail passenger ’ means any person, excluding members of the train crew, who makes a trip by rail. For accident statistics, passengers trying to embark/disembark onto/from a moving train are included;
‘ number of passengers ’ means the number of trips by rail passengers, where each trip is defined as the movement from the place of embarkation to the place of disembarkation, with or without transfers from one rail vehicle to another. If passengers use the services of more than one railway undertaking, when possible they should not be counted more than once;
‘ passenger-km ’ means the unit of measure representing the transport of one passenger by rail over a distance of one kilometre. Only the distance on the national territory of the reporting country shall be taken into account;
‘ weight ’ means the quantity of goods in tonnes ( 1 000 kilograms). The weight to be taken into consideration includes, in addition to the weight of the goods transported, the weight of packaging and the tare weight of containers, swap bodies, pallets as well as road vehicles transported by rail in the course of combined transport operations. If the goods are transported using the services of more than one railway undertaking, when possible the weight of goods should not be counted more than once;
‘ tonne-km ’ means the unit of measure of goods transport which represents the transport of one tonne ( 1 000 kilograms) of goods by rail over a distance of one kilometre. Only the distance on the national territory of the reporting country shall be taken into account;
‘ train ’ means one or more railway vehicles hauled by one or more locomotives or railcars, or one railcar travelling alone, running under a given number or specific designation from an initial fixed point to a terminal fixed point. A light engine, i.e. a locomotive travelling on its own, is not considered to be a train;
‘ train-km ’ means the unit of measure representing the movement of a train over one kilometre. The distance used is the distance actually run, if available, otherwise the standard network distance between the origin and destination shall be used. Only the distance on the national territory of the reporting country shall be taken into account;
‘ full trainload ’ means any consignment comprising one or more wagonloads transported at the same time by the same sender at the same station and forwarded with no change in train composition to the address of the same consignee at the same destination station;
‘ full wagonload ’ means any consignment of goods for which the exclusive use of a wagon is required, whether the total loading capacity is utilised or not;
‘ TEU (Twenty-foot Equivalent Unit) ’ means a standard unit based on an ISO container of 20 feet length (6,10 m), used as a statistical measure of traffic flows or capacities. One standard 40' ISO Series 1 container equals 2 TEUs. Swap bodies under 20 feet correspond to 0,75 TEU, between 20 feet and 40 feet to 1,5 TEU and over 40 feet to 2,25 TEU;
‘ significant accident ’ means any accident involving at least one rail vehicle in motion, resulting in at least one killed or seriously injured person, or in significant damage to stock, track, other installations or environment, or extensive disruptions to traffic. Accidents in workshops, warehouses and depots are excluded;
‘ serious injury accident ’ means any accident involving at least one rail vehicle in motion, resulting in at least one killed or seriously injured person. Accidents in workshops, warehouses and depots are excluded;
‘ person killed ’ means any person killed immediately or dying within 30 days as a result of an accident, excluding suicides;
‘ person seriously injured ’ means any person injured who was hospitalised for more than 24 hours as a result of an accident, excluding attempted suicides;
‘ accident involving the transport of dangerous goods ’ means any accident or incident that is subject to reporting in accordance with RID/ADR section 1.8.5.
‘ suicide ’ means an act to deliberately injure oneself resulting in death, as recorded and classified by the competent national authority;
‘ attempted suicide ’ means an act to deliberately injure oneself resulting in serious injury, but not in death, as recorded and classified by the competent national authority.]
2.The definitions referred to in paragraph 1 may be adapted, and additional definitions needed to ensure harmonisation of statistics may be adopted, in accordance with the procedure referred to in Article 11(2).
Textual Amendments
1.The statistics to be collected are set out in the Annexes to this Regulation. They shall cover the following types of data:
(a)annual statistics on goods transport — detailed reporting (Annex A);
(b)annual statistics on goods transport — simplified reporting (Annex B);
(c)annual statistics on passenger transport — detailed reporting (Annex C);
(d)annual statistics on passenger transport — simplified reporting (Annex D);
(e)quarterly statistics on goods and passenger transport (Annex E);
(f)regional statistics on goods and passenger transport (Annex F);
(g)statistics on traffic flows on the rail network (Annex G);
(h)statistics on accidents (Annex H).
2.Annexes B and D set out simplified reporting requirements, which may be used by Member States as alternatives to the normal detailed reporting set out in Annexes A and C, for undertakings for which the total volume of goods or passenger transport is less than 500 million tonne-km or 200 million passenger-km respectively. These thresholds may be adapted in accordance with the procedure laid down in Article 11(2).
3.Member States shall also provide a list of the railway undertakings for which statistics are provided, as specified in Annex I.
4.For the purposes of this Regulation, goods shall be classified in accordance with Annex J. Dangerous goods shall additionally be classified in accordance with Annex K.
5.The contents of the Annexes may be adapted, in accordance with the procedure referred to in Article 11(2).
1.Member States shall designate a public or private organisation to participate in collecting the data required under this Regulation.
2.The necessary data may be obtained using any combination of the following sources:
(a)compulsory surveys;
(b)administrative data, including data collected by regulatory authorities;
(c)statistical estimation procedures;
(d)data supplied by professional organisations in the rail industry;
(e)ad hoc studies.
3.The national authorities shall take measures for the coordination of the data sources used and to ensure the quality of the statistics transmitted to Eurostat.
1.Member States shall transmit to Eurostat the statistics referred to in Article 4.
2.The arrangements for transmission of the statistics referred to in Article 4 shall be laid down in accordance with the procedure referred to in Article 11(2).
1.Community statistics based on the data specified in Annexes A to H to this Regulation shall be disseminated by Eurostat. In this context, and in view of the characteristics of the European railway market, data deemed to be confidential under Article 13(1) of Council Regulation (EC) No 322/97 may be disclosed only if:
(a)the data are already available to the public in the Member States; or
(b)the explicit approval for such disclosure has been given in advance by the undertakings concerned.
The national authorities shall make a request to such undertakings for permission to disclose the required data and shall inform Eurostat of the result of this request when the data are transmitted to Eurostat.
2.The information reported under Annex I shall not be disseminated.
1.In order to assist Member States in maintaining the quality of statistics in the domain of rail transport, Eurostat shall develop and publish methodological recommendations. These recommendations shall take account of the best practices of national authorities, of railway undertakings and of professional organisations for the railway industry.
2.The quality of the statistical data shall be evaluated by Eurostat. To this end, on request by Eurostat, Member States shall supply information on the methods used in producing the statistics.
After data have been collected over three years, the Commission shall send a report to the European Parliament and to the Council on experience acquired in the work carried out under this Regulation accompanied, if necessary, by appropriate proposals. That report shall include the results of the quality evaluation referred to in Article 8. It shall evaluate the impact on the quality of rail transport statistics of the application to this Regulation of the provisions on the confidentiality of statistics laid down in Regulation (EC) No 322/97. It shall also evaluate the benefits of the availability of statistics in this domain, the costs of obtaining such statistics and the burden on enterprises.
The following implementing measures shall be taken in accordance with the procedure specified in Article 11(2):
adaptation of the thresholds for simplified reporting (Article 4);
adaptation of the definitions and adoption of additional definitions (Article 3);
adaptation of the contents of the annexes (Article 4);
arrangements for transmitting data to Eurostat (Article 6);
definition of the guidelines for the reports on the quality and comparability of the results (Articles 8 and 9).
1.The Commission shall be assisted by the Statistical Programme Committee instituted by Article 1 of Decision 89/382/EEC, Euratom.
2.Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
3.The Committee shall adopt its rules of procedure.
1.Member States shall provide results for the year 2002 in accordance with Directive 80/1177/EEC.
2.Directive 80/1177/EEC is hereby repealed with effect from 1 January 2003.
This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
List of variables and units of measurement |
|
Reference period | Year |
Frequency | Every year |
List of tables with the breakdown for each table |
|
Deadline for transmission of data | Five months after end of reference period |
First reference period | 2004 |
Note | 1. Type of accident is broken down as follows:
The type of accident refers to the primary accident. 2. Table H2 has the following breakdown:
3. Category of person is broken down as follows:
4. The data in Tables H1 to H4 shall be provided for all railways covered by this Regulation. 5. During the first five years of application of this Regulation, Member States may report these statistics according to national definitions, if data conforming to harmonised definitions (adopted according to the procedure of Article 11(2)) are not available.] |
List of variables and units of measurement | See below |
Reference period | One year |
Frequency | Every year |
List of tables with the breakdown for each table | See below |
Deadline for transmission of data | Five months after end of reference period |
First reference period | 2003 |
Note | The information listed below (Table I1) shall be supplied for each railway undertaking for which data are provided according to Annexes A to H. This information shall be used,
|
Identification of data source | ||
---|---|---|
I1.1.1 | Reporting country | |
I1.1.2 | Reference year | |
I1.1.3 | Name of undertaking (optional) | |
I1.1.4 | Country in which undertaking is based | |
Type of activities | ||
I1.2.1 | Freight transport: international | yes/no |
I1.2.2 | Freight transport: national | yes/no |
I1.2.3 | Passenger transport: international | yes/no |
I1.2.4 | Passenger transport: national | yes/no |
Data included in Annexes A to H | ||
Annex A | yes/no | |
Annex B | yes/no | |
Annex C | yes/no | |
Annex D | yes/no | |
Annex E | yes/no | |
Annex F | yes/no | |
Annex G | yes/no | |
Annex H | yes/no | |
Level of transport activity (optional) | ||
I1.3.1 | Total freight transport (tonnes) | |
I1.3.2 | Total freight transport (tonne-km) | |
I1.3.3 | Total passenger transport (passengers) | |
I1.3.4 | Total passenger transport (passenger-km) |
Textual Amendments
F2 Substituted by Commission Regulation (EC) No 1304/2007 of 7 November 2007 amending Council Directive 95/64/EC, Council Regulation (EC) No 1172/98, Regulations (EC) No 91/2003 and (EC) No 1365/2006 of the European Parliament and of the Council with respect to the establishment of NST 2007 as the unique classification for transported goods in certain transport modes.
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 01–16. |
20 | Other goods n.e.c.] |
these categories are those defined in the regulations concerning the international carriage of dangerous goods by rail, usually known as the RID, as adopted under Council Directive 96/49/EC of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail and subsequent amendments(9).U.K.
Opinion of the European Parliament of 4 September 2001 (OJ C 72 E, 21.3.2002, p. 58), Council Common Position of 27 June 2002 (not yet published in the Official Journal) and Decision of the European Parliament of 24 October 2002 (not yet published in the Official Journal).
OJ L 237, 24.8.1991, p. 25. Directive as last amended by Directive 2001/12/EC of the European Parliament and of the Council (OJ L 75, 15.3.2001, p. 1).
OJ L 350, 23.12.1980, p. 23. Directive as last amended by the 1994 Act of Accession.
OJ L 235, 17.9.1996, p. 25. Directive as last amended by Commission Directive 2001/6/EC (OJ L 30, 1.2.2001, p. 42).
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