Joint Committee on Statutory Instruments Fifteenth Report


APPENDIX II

Memorandum by the Department of the Environment, Transport and the Regions


STATISTICAL RETURNS (CARRIAGE OF GOODS AND PASSENGERS BY SEA) REGULATIONS 1997 (S.I. 1997/2330)

  The Committee asked for a memorandum on the following point:

       "In relation to paragraph 1.3 of the Schedule, explain why the entries relating to (a) country or territory of registration of vessel, and (b) type of vessel, do not (unlike the corresponding entries in Annex 1 of Council Directive 95/64/EC) require the information to be provided `using the nomenclature shown' in Annex V and Annex VI respectively."

  The Directive requires member States to transmit the statistical information to the Statistical Office of the European Communities (article 7 (1)) in the form set out in Annex VIII of the Directive (article 7 (2)). This necessitates the member States using the nomenclature set out in the Directive, including that in Annexes V and VI, in this transmission. However, the Directive does not require that the information be collected from the respondents (the persons to whom the Secretary of State directs a request for a return pursuant to regulation 3 of the Regulations) in that form. This can be seen from article 3(3) of the Directive which states:

    "The data collection shall be based, in so far as is possible, on available sources, limiting the burden on respondents."

  In the light of this, the Department, in specifying the data which may be collected in the Schedule, has sought to minimise the burden on respondents. In relation to the country or territory of registration and the type of vessel the nomenclature required by the Statistical Office of the European Communities would not normally be used by respondents, but can easily be derived by the Department from the data itself. The Department therefore concluded that it could meet the United Kingdom's obligations under the Directive without requiring respondents to submit the particular data using the Directive's nomenclature.

24th November 1997


 
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