# EUR-Lex - 52013PC0579 - EN

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# 52013PC0579

**Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 471/2009 on Community statistics relating to external trade with non-member countries as regards conferring of delegated and implementing powers upon the Commission for the adoption of certain measures /* COM/2013/0579 final - 2013/0279 (COD) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT
OF THE PROPOSAL

The Treaty on the Functioning of the
European Union (TFEU) makes a distinction between powers which may be delegated
to the Commission to adopt non-legislative acts of general application to
supplement or amend certain non-essential elements of a particular legislative
act, as laid down in Article 290(1) of the TFEU (delegated acts), and the implementing
powers which shall be conferred on the Commission where uniform conditions for
implementing legally binding Union acts are needed, as laid down in Article
291(2) of the TFEU (implementing acts).

In connection with the adoption of Regulation (EU) No 182/2011 of the European
Parliament and of the Council of 16 February 2011 laying down the rules and
general principles concerning mechanisms for control by Member States of the
Commission’s exercise of implementing powers[1], the Commission has committed
itself[2]
to reviewing, in the light of the
criteria laid down in the TFEU, legislative acts which currently contain references to
the regulatory procedure with scrutiny.

The overall objective is to remove all
provisions referring to the regulatory procedure with scrutiny from all
legislative instruments by the end of Parliament’s seventh term (June 2014).

In the context of the alignment of Regulation
(EC) No 471/2009 of the European Parliament and of the Council of
6 May 2009 on Community statistics relating to external trade with
non-member countries and repealing Council Regulation (EC) No 1172/95[3] with the new rules of the TFEU,
implementing powers currently conferred upon the Commission by that Regulation
should be provided for by conferring powers on the Commission to adopt
delegated and/or implementing acts.

2.           RESULTS
OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS

The Committee on statistics relating to the
trading of goods with non-member countries and the European Statistical System
Committee were consulted.

There was no need for impact assessment.

3.           LEGAL
ELEMENTS OF THE PROPOSAL

· Summary of the proposed action

The objective of this proposal is to amend Regulation
(EC) No 471/2009 so as to align
it with the new institutional context.

In particular, the aim is to identify the
powers conferred on the Commission and put in place the appropriate procedure
for adoption of measures on the basis of these powers.

As regards Regulation
(EC) No 471/2009, it is proposed to empower the
Commission to adopt delegated acts in respect of the adaptation of the list of
customs procedures or customs-approved treatment or use, specific goods or movements and different or specific provisions applicable to them, the exclusion of goods or movements from external trade statistics,
the data collection according to paragraphs 2 and 4 of Article 4, the further
specification of the data, the requirement for limited sets of data for
specific goods or movements and data provided in accordance with Article 4(2),
the characteristics of the sample, the reporting period and the level of
aggregation for partner countries, goods and currencies for statistics on trade
by invoicing currency, the adaptation of the deadline for transmitting
statistics and of the content, coverage and revision conditions for statistics
already transmitted, the deadline for transmitting statistics on trade by
business characteristics and statistics on trade broken down by invoicing
currency.

Furthermore, it is also proposed to confer
implementing powers on the Commission enabling it to adopt, in accordance with
Regulation (EU) No 182/2011, measures relating to the codes to be used for data
referred to in Article 5(1) and also measures relating to the linking of the
data on business characteristics with data recorded in accordance with the same
Article.

· Streamlining of the European Statistical System

Regulation (EC) No 223/2009 of the European
Parliament and of the Council of 11 March 2009 on European statistics[4] defined the European Statistical System (ESS) as the partnership between the European
statistical authority, which is the Commission (Eurostat), and the national
statistical institutes (NSIs) and other national authorities responsible in
each Member State for developing, producing and disseminating European statistics.

The European Statistical System Committee
(ESSC), set up under Article 7 of Regulation
(EC) No 223/2009, is regarded as the umbrella committee
within the ESS. It assists the Commission in exercising its implementing powers
for certain statistical domains. These exclude international trade in goods statistics.

In this domain, the Committee on statistics
relating to the trading of goods with non-member countries (Extrastat
Committee) assists the Commission, in accordance with Article
11 of Regulation (EC) No 471/2009.

The Commission is proposing a new ESS structure to improve coordination
and partnership in a clear pyramid structure within the ESS, with the ESSC as the
highest strategic body. One aspect of this streamlining is to concentrate comitology
powers in the hands of the ESSC. In February 2012[5], the ESSC supported this new approach.

Therefore it is also proposed to amend Regulation
(EC) No 471/2009 by replacing
the references to the Extrastat Committee by a reference to the ESSC.

· Legal basis

Article 338(1) of the Treaty on the
Functioning of the European Union.

· Choice of instrument

Regulation of the European Parliament and
of the Council.

4.           BUDGETARY
IMPLICATION

The proposal has no implications for the EU
budget.

5.           OPTIONAL ELEMENTS

None.

European Economic Area

The proposed act concerns an EEA matter and
should therefore extend to the European Economic Area.

2013/0279 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

amending Regulation (EC) No 471/2009 on
Community statistics relating to external trade with non-member countries as
regards conferring of delegated and implementing powers upon the Commission for
the adoption of certain measures

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 338(1) thereof,

Having regard to the proposal from the
European Commission,

After transmission of the draft legislative
act to the national Parliaments,

Acting in accordance with the ordinary
legislative procedure,

Whereas:

(1)       As a consequence of the
entry into force of the Treaty on the Functioning of the European Union ('the Treaty'),
the powers conferred upon the Commission should be aligned with Articles 290
and 291 of the Treaty.

(2)       In connection with the
adoption of Regulation (EU) No
182/2011 of the European Parliament and of the Council of 16 February 2011
laying down the rules and general principles concerning mechanisms for control
by Member States of the Commission’s exercise of implementing powers[6], the Commission has committed itself[7] to reviewing, in the light of
the criteria laid down in the Treaty, legislative acts which currently contain
references to the regulatory procedure with scrutiny.

(3)       Regulation (EC)
No 471/2009 of the European Parliament and of the Council of 6 May
2009 on Community statistics relating to external trade with non-member
countries and repealing Council Regulation (EC) No 1172/95[8] confers powers upon the
Commission in order to implement some of the provisions of this Regulation.

(4)       In the context of the
alignment of Regulation (EC) No 471/2009 with the new rules of the Treaty,
implementing powers currently conferred upon the Commission should be provided
for by conferring powers on the Commission to adopt delegated and implementing
acts.

(5)       In order to take
into account changes in the Customs Code or provisions deriving from
international conventions, changes necessary for methodological reasons and the
necessity to set up an efficient system for the collection of data and the
compilation of statistics, the power to adopt acts in accordance with Article
290 of the Treaty should be delegated to the Commission in respect of the
adaptation of the list of customs procedures or customs-approved treatment or
use, specific goods or movements and different or specific provisions applicable to them, the
exclusion of goods or movements from external trade statistics, the data
collection according to paragraphs 2 and 4 of Article 4, the further
specification of the statistical data, the requirement for limited sets of data
for specific goods or movements and data provided in accordance with Article
4(2), the characteristics of the sample, the reporting period and the level of
aggregation for partner countries, goods and currencies for statistics on trade
by invoicing currency, the adaptation of the deadline for transmitting
statistics and of the content, coverage and revision conditions for statistics
already transmitted, the deadline for transmitting statistics on trade by
business characteristics and statistics on trade broken down by invoicing
currency.

(6)       It is of particular
importance that the Commission carries out appropriate consultations during its
preparatory work, including at expert level. The Commission, when preparing and
drawing- up delegated acts, should ensure a simultaneous, timely and
appropriate transmission of relevant documents to the European Parliament and
to the Council.

(7)       The Commission should
ensure that these delegated acts do not impose a significant additional administrative
burden on the Member States and on the respondent units.

(8)       In order to ensure uniform
conditions for the implementation of Regulation (EC) No 471/2009, implementing
powers should be conferred upon the Commission enabling it to adopt measures
relating to the codes to be used for data referred to in Article 5(1) of that
Regulation and measures relating to the linking of the data on business
characteristics with data recorded in accordance with the same Article. These
powers should be exercised in accordance with Regulation (EU) No 182/2011.

(9)       The Committee on statistics relating to the trading of goods with
non-member countries (Extrastat Committee) referred to in Article 11 of
Regulation (EC) No 471/2009 provides advice to the Commission and assists
it in exercising its implementing powers.

(10)     Under the strategy for a
new European Statistical System (hereinafter referred to as ‘ESS’) structure
intended to improve coordination and partnership in a clear pyramid structure
within the ESS, the European Statistical System
Committee (hereinafter referred to as 'ESSC'), established by Regulation (EC)
No 223/2009 of the European Parliament and of the Council of 11 March 2009 on
European statistics[9],
should have an advisory role and assist the Commission in exercising its
implementing powers.

(11)     Regulation (EC)
No 471/2009 should be amended by replacing the reference to the Extrastat Committee
with a reference to the ESSC.

(12)     To ensure legal certainty,
procedures for adopting measures that have been initiated but not completed
before the entry into force of this Regulation should not be affected by this
Regulation.

(13)     Regulation (EC) No 471/2009
should therefore be amended accordingly,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 471/2009 is amended as follows:

(1)        Article 3 is amended as follows:

(a)        Paragraph 2 is
replaced by the following:

‘2. In order to take
into account changes in the Customs Code or provisions deriving from
international conventions, the Commission shall be
empowered to adopt, in accordance with Article 10a, delegated acts, to adapt the list of customs procedures or
customs-approved treatment or use referred to in paragraph 1.’

(b)        In paragraph
3, the second subparagraph is replaced by the following:

‘The Commission shall be empowered
to adopt, in accordance with Article 10a, delegated acts relating to specific goods or movements and to different or specific provisions applicable to them.’

(c)        In paragraph
4, the second subparagraph is replaced by the following:

‘The Commission shall be
empowered to adopt, in accordance with Article 10a, delegated acts, relating to
the exclusion of goods or movements
from external trade statistics.’

(2)        In Article 4, paragraph 5 is replaced by the following:

‘5. The Commission shall
be empowered to adopt, in accordance with Article 10a, delegated acts relating
to the data collection according to
paragraphs 2 and 4.’

(3)        Article 5 is
amended as follows:

(a) Paragraph 2 is replaced by the following:

‘2. The Commission shall
be empowered to adopt, in accordance with Article 10a, delegated acts relating to the further specification of the data referred to in
paragraph 1.

The Commission shall adopt, by means of
implementing acts, measures relating to the codes to be used for these data.

These implementing acts shall be adopted in
accordance with the examination procedure referred to in Article 11(2).’

(b) Paragraph 4 second subparagraph is replaced by the following:

‘The Commission shall be
empowered to adopt, in accordance with Article 10a, delegated acts relating to these limited sets of data.’

(4)        Article 6 is
amended as follows:

(a) In paragraph 2, the last subparagraph is replaced by the
following:

‘The
Commission shall adopt, by means of implementing acts,
measures relating to the linking of
the data and these statistics to be compiled.

Those implementing acts shall be adopted in
accordance with the examination procedure referred to in Article 11(2).’

(b) In paragraph 3, the last subparagraph is replaced by the
following:

‘The Commission shall be empowered to adopt, in accordance with
Article 10a, delegated acts relating to the characteristics of the sample, the reporting period
and the level of aggregation for partner countries, goods and currencies.'

(5)        Article 8 is
amended as follows:

(a) In paragraph 1, the last subparagraph is replaced by the
following:

‘The Commission shall be empowered to adopt, in accordance with
Article 10a, delegated acts to adapt the deadline for transmitting statistics,
content, coverage and revision conditions for the statistics already
transmitted.’

(b) Paragraph 2 is replaced by the following:

'2.The Commission shall be
empowered to adopt, in accordance with Article 10a , delegated acts relating to the deadline for transmitting statistics on
trade by business characteristics referred to in Article 6(2) and statistics on
trade broken down by invoicing currency referred to in Article 6(3).’

(6)        The following Article 10a is
inserted:

‘Article
10a
Exercise of the delegation

1.         The power to adopt delegated
acts is conferred on the Commission subject to the conditions laid down in this
Article.

2. When exercising the powers delegated in Articles
3(2), (3) and (4), 4(5), 5(2) and (4), 6(3) and 8(1) and (2), the Commission
shall ensure that the delegated acts do not impose a significant additional
administrative burden on the Member States and on the respondents.

3.         The power to adopt delegated
acts referred to in Articles 3(2), (3) and (4), 4(5), 5(2) and (4), 6(3) and
8(1) and (2), shall be conferred on the Commission for an indeterminate period
of time from ((Publication office: please insert the exact date of the entry
into force of this Regulation).

4.         The delegation of powers
referred to in Articles 3(2), (3) and (4), 4(5), 5(2) and (4), 6(3) and 8(1)
and (2), may be revoked at any time by the European Parliament or by the
Council.

A decision to revoke shall put an end to
the delegation of the powers specified in that decision. It shall take effect
the day following the publication of the decision in the Official Journal of
the European Union or at a later date specified therein. It shall not
affect the validity of any delegated acts already in force.

5.         As soon as it adopts a delegated
act, the Commission shall notify it simultaneously to the European Parliament
and to the Council.

6.         A delegated act adopted pursuant
to Articles 3(2), (3) and (4), 4(5), 5(2) and (4), 6(3) and 8(1) and (2), shall
enter into force only if no objection has been expressed either by the European
Parliament or the Council within a period of two months of notification of that
act to the European Parliament and the Council or if, before
the expiry of that period, the European Parliament and
the Council have both informed the Commission that
they will not object. That period shall be extended by two months at the
initiative of the European Parliament or the Council.’

(7)        Article 11 is replaced by the
following:

‘Article
11
Committee

1.         The Commission shall be assisted
by the European Statistical System Committee established by Regulation (EC) No
223/2009 of the European Parliament and of the Council of 11 March 2009 on
European statistics (*) This committee shall be a committee within the meaning
of Regulation (EU) No 182/2011 of the European Parliament and of the Council of
16 February 2011 laying down the rules and general principles concerning
mechanisms for control by Member States of the Commission’s exercise of
implementing powers (*).

2.         Where reference is made to this
paragraph, Article 5 of Regulation (EU)
No 182/2011 shall apply.

(*) OJ L 87, 31.3.2009, p. 164.

(*) OJ L 55, 28.2.2011, p. 13.’

Article 2

This Regulation shall not affect the
procedures for the adoption of measures provided for in Regulation (EC) No
471/2009 that have been initiated but not completed before the entry into force
of this Regulation.

Article 3

This Regulation shall enter into force on
the twentieth day following that of its publication in the Official Journal
of the European Union.

This Regulation shall be binding
in its entirety and directly applicable in all Member States.

Done at Brussels,

For the European Parliament                       For
the Council

The
President                                                 The President

[1]               OJ L 55, 28.2.2011,
p. 13.

[2]               OJ L 55, 28.2.2011, p. 19.

[3]               OJ L 152, 16.6.2009, p. 23.

[4]               OJ L 87, 31.3.2009, p. 164.

[5]               12th meeting of the ESSC, 12 February 2012.

[6]               OJ L 55, 28.2.2011,
p.13.

[7]               OJ L 55, 28.2.2011, p. 19.

[8]               OJ L 152,16.6.2009, p.23.

[9]               OJ L 87, 31.3.2009, p. 164.