31.3.2009 Official Journal of the European Union L 87/1 (Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory) REGULATIONS REGULATION (EC) No 216/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North 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 (EC) No 2597/95 of 23 October 1995 on the submission of nominal catch statistics by Member States fishing in certain areas other than those of the North Atlantic () has been substantially amended several times (3). Since further amendments are to be made, it should be recast in the interests of clarity. The European Community has acquired membership of the Food and Agriculture Organisation of the United Nations (FAO). The protocol established between the Council of the European Union and the Commission of the European Communities provides for the Commission to supply the FAO with the requested statistics. In accordance with the principle of subsidiarity the objectives of the proposed action can only be achieved on the basis of a Community legal act because only the Opinion of the European Parliament of 17 June 2008 (not yet published in the Official Journal) and Council Decision of 26 February 2009. OJ L 270, 13.11.1995, p. 1. See Annex VIL Commission can coordinate the necessary harmonisation of the statistical information at Community level while the collection of fishery statistics and the necessary infrastruc- ture to process and monitor the reliability of those statistics are first and foremost the responsibility of the Member States. Several Member States have requested submission of data in a different form or through a different medium from that specified in Annex V (the equivalent of the Statlant questionnaires). The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (*). In particular, the Commission should be empowered to adapt the lists of statistical fishing areas, or subdivisions thereof, and species. 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 1999/468EC, HAVE ADOPTED THIS REGULATION: Article 1 Each Member State shall submit to the Commission data on the nominal catches by vessels registered in or flying the flag of that Member State fishing in certain areas other than those of the (% OJ L 184,17.7.1999, p. 23.