# Regulation (EC) No 1137/2008 of the European Parliament and of the Council of 22 October 2008 adapting a number of instruments subject to the procedure laid down in Article 251 of the Treaty to Council Decision 1999/468/EC, with regard to the regulatory procedure with scrutiny Adaptation to the regulatory procedure with scrutiny — Part One, Division 5.2: Council Directive 95/57/EC of 23 November 1995 on the collection of statistical information in the field of tourism

Extent: E+W+S+N.I.

As regards Directive 95/57/EC, the Commission should be empowered to determine the definitions to be applied to data collection characteristics and any adjustments to the list of such characteristics, to adopt the necessary minimum accuracy requirements for results and the procedures for ensuring the harmonised processing of systematic biases, and to adopt detailed rules for the processing of information collected by the Member States. Since those measures are of general scope and are designed to amend non-essential elements of Directive 95/57/EC, inter alia, by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC.
Accordingly, Directive 95/57/EC is hereby amended as follows:
1.. Article 3(2) shall be replaced by the following:
‘2. The definitions to be applied to the data collection characteristics and any adjustments to the list of data collection characteristics shall be determined by the Commission. Those measures, designed to amend non-essential elements of this Directive, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(2).’;
2.. Article 4(1) shall be replaced by the following:
‘1. The collection of statistical information shall, where possible, ensure that results meet the necessary minimum accuracy requirements. Those requirements, and the procedures for ensuring the harmonised processing of systematic biases, shall be adopted by the Commission. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(2). The minimum accuracy requirements shall be determined with particular reference to annual overnight stays at national level.’;
3.. Article 6 shall be replaced by the following:
‘Data processing
Article 6 Member States shall process the information collected under Article 3 in accordance with the accuracy requirements referred to in Article 4 and the detailed rules adopted by the Commission. Those measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(2). The regional level shall be in accordance with the Nomenclature of Territorial Units (NUTS) of the Statistical Office of the European Communities.’;
4.. in Article 7(3), the words ‘Article 12’ shall be replaced by the words ‘Article 12(1)’;
5.. in Article 9, the words ‘Article 12’ shall be replaced by the words ‘Article 12(1)’;
6.. the following paragraphs shall be added to Article 11:
‘The measures referred to in Articles 3, 4 and 6, designed to amend non-essential elements of this Directive, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 12(2).
The measures referred to in Articles 7 and 9 shall be adopted in accordance with the procedure referred to in Article 12(1).’;
7.. Article 12(2) shall be replaced by the following:
‘2. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’

---
Source: https://www.legislation.gov.uk/eur/2008/1137/annex/division/5/division/5.2 (the official version)
Page: https://openlegislation.uk/eu-regulation-2008-1137/annex/division-5/division-5.2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.