L 87/42 Official Journal of the European Union 31.3.2009 REGULATION (EC) No 217/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 March 2009 on the submission of catch and activity statistics by Member States fishing in the north-west Atlantic (recast) (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Commu- nity, and in particular Article 285(1) thereof, Having regard to the proposal from the Commission, Acting in accordance with the procedure laid down in Article 251 of the Treaty (), Whereas: (1)  Council Regulation (EEC) No 2018/93 of 30 June 1993 on the submission of catch and activity statistics by Member States fishing in the Northwest Atlantic () has been substantially amended several times (}). Since further amendments are to be made, it should be recast in the interests of clarity. (2) The Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, approved by Council Regula- tion (EEC) No 3179/78 (*) and establishing the Northwest Atlantic Fisheries Organisation (NAFO), requires the Community to supply the NAFO Scientific Council with any available statistical and scientific information requested by the Scientific Council in the performance of its work. (3) Timely catch and activity statistics have been identified by the NAFO Scientific Council as essential to the performance of its work in evaluating the state of the fish stocks in the north-west Atlantic. (4)  Several Member States have requested the submission of data in a different form or through a different medium from that specified in Annex V (the equivalent of the Statlant questionnaires). (5) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council () Opinion of the European Parliament of 17 June 2008 (not yet published in the Official Journal) and Council Decision of 26 February 2009. () OJL186,28.7.1993, p. 1. () See Annex VI. () OJL 378, 30.12.1978, p. 1. Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (°). (6) In particular, the Commission should be empowered to adapt the lists of species and statistical fishing regions, descriptions of those regions, and measures, codes and definitions applied to fishing activity, fishing gear, vessel sizes and methods of fishing. Since those measures are of general scope and are designed to amend non-essential elements of this Regulation, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC, HAVE ADOPTED THIS REGULATION: Article 1 Each Member State shall submit to the Commission data on the catches by vessels registered in, or flying the flag of, that Member State fishing in the north-west Atlantic, with due regard to Council Regulation (Euratom, EEC) No 1588/90 of 11 June 1990 on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities (°). The nominal catch data shall include all fishery products landed or transhipped at sea in no matter what form but shall exclude quantities which, subsequent to capture, are discarded at sea, consumed on board or used as bait on board. Aquaculture production shall be excluded. The data shall be recorded as the live weight equivalent of the landings or transhipments, to the nearest tonne. Article 2 1. The data to be submitted shall be of two types: (@) the annual nominal catches, expressed in tonnes live weight equivalent of the landings, of each of the species listed in Annex I in each of the statistical fishing regions of the north-west Atlantic listed in Annex II and defined in Annex III; (b) the catches as specified under point (a) and the correspond- ing fishing activity, subdivided by calendar month of capture, fishing gear, vessel size and main species sought. () O] L 184,17.7.1999, p. 23. () OJL151,15.6.1990, p. 1.