1995R1172 — EN — 01.01.1999 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EC)No1172/95
of22May1995
on the statistics relating to the trading of goods by the Community and its Member States with
non-membercountries
(OJ L 118, 25.5.1995, p. 10)
Amended by:
Official Journal
No page date
►M1Council Regulation (EC) No 476/97 of 13 March1997 L 75 1 15.3.1997
►M2Council Regulation (EC) No 374/98 of 12 February 1998 L 48 6 19.2.1998
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COUNCILREGULATION(EC)No1172/95
of22May1995
onthestatisticsrelatingtothetradingofgoodsbytheCommunity
anditsMember Stateswithnon-membercountries
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, andin particular Article 113 thereof,
Having regard to the proposal from the Commission(
1),
Whereas Community statistics on external trade are an indispensable
tool for the purposes of the common commercial policy and must bedrawn up on the basis of a methodology common to all the MemberStates;
Whereas, however, in accordance with the principle of subsidiarity, the
Member States are, for reasons of efficiency, to make the necessary
arrangements for the collection and analysis of the data, while theCommission is to handle the integration and dissemination of Commu-nity results;
Whereas Council Regulation (EEC) No 1736/75 of 24 June 1975 on
the external trade statistics of the Community and statistics of trade
between Member States(
2), laid down the methodological bases for all
suchstatistics;
Whereas since the adoption of Council Regulation (EEC) No 2954/85
of 22 October 1985 laying down certain measures for the standardiza-tion and simplification of the statistics on trade between MemberStates(
3) and of Council Regulation (EEC) No 3330/91 of 7 November
1991 on the statistics relating to the trading of goods between Member
States(4), certain provisions of Regulation (EEC) No 1736/75 are no
longer sufficiently clear;
Whereas statistics on the trading of goods by the Community and its
Member States withnon-member countries must continue to becompiled on the basis of customs procedures; whereas the provisions
already in force should simply be adjusted in line with the amendments
in customs legislation introduced witha view to th e proper functioningof the internal market;
Whereas, amongst those statistics, those on transit, customs warehouses
and free zones and free warehouses have not yet been the subject ofharmonized regulations;
Whereas it is preferable that the technical provisions relating to the
compiling of external trade statistics be incorporated in the imple-menting provisions of this Regulation;
Whereas it appears advisable to replace the relevant legislation in order
to increase transparency via consolidation of the texts in force and theclarification of certain terms;
Whereas it is important to guarantee the uniform application of this
Regulation and to provide, to that end, for a Community procedurewhich enables procedures for its implementation to be adopted withina suitable time; whereas a committee should be set up in order toensure close and effective cooperation between the Member Statesand the Commission in this field,1995R1172 — EN — 01.01.1999 — 001.001 — 2
(1) OJ No C 5, 7. 1. 1994, p. 8.
(2) OJ No L 183, 14. 7. 1975, p. 3. Regulation as last amended by Regulation
(EEC) No 1629/88 (OJ No L 147, 14. 6. 1988, p. 1).
(3) OJ No L 285, 25. 10. 1985, p. 1.
(4) OJ No L 316, 16. 11. 1991, p. 1.
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HAS ADOPTED THIS REGULATION:
Article 1
The Community and its Member States shall compile statistics relating
to the trading of goods by the Community and is Member States withnon-member countries in accordance with the rules laid down in thisRegulation.
CHAPTER I
General provisions
Article 2
For the purposes of this Regulation and without prejudice to any indi-
vidual provisions:
(a) ‘trading of goods withnon-member countries’ means any move-
ment of goods between a non-member country and a Communitycountry or vice versa;
(b) ‘goods’ means all moveable property, including electric current;
(c) ‘Community goods’ means goods as referred to in Article 4 (7) of
Council Regulation (EEC) No 2913/92 of 12 October 1992 estab-lishing the Community Customs Code(
1);
(d) ‘non-Community goods’ means goods as referred to in Article 4 (8)
of Regulation (EEC) No 2913/92;
(e) ‘non-member country’ means any country or territory which does
not form part of the statistical territory of the Community within
the meaning of Article 3.
Article 3
1. The statistical territory of the Community and of its Member
States shall correspond to the customs territory of the Community as
defined in Article 3 of Regulation (EEC) No 2913/92.
2. By way of derogation from paragraph1, th e statistical territory of
the Community shall include Helgoland.
Article 4
1. Statistics relating to the trading of goods by the Community and
its Member States withnon-member countries sh all be compiled for all
goods which, after entering or before leaving the statistical territory ofthe Community, are subject to customs-approved treatment or usewithin the meaning of Article 4 (15) of Regulation (EEC) No 2913/92.
The said statistics shall also include, in accordance with rules whichthe Commission shall determine in accordance with the procedure laiddown in Article 21, certain goods which are not moved or which arenot subject to customs-approved treatment or use.
However, the goods referred to in the second subparagraph of Article 3
(1) of Regulation (EEC) No 3330/91 shall be excluded from thesestatistics.
2. Paragraph1 sh all apply to bothnon-Community and Community
goods, whether or not they are the subject of a commercial transaction.1995R1172 — EN — 01.01.1999 — 001.001 — 3
(1) OJ No L 302, 19. 10. 1992, p. 1.▼M1
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Article 5
1. Statistics relating to the trading of goods by the Community and
its Member States with non-member countries shall include the
following specific statistics:
— statistics relating to external trade,
— statistics relating to transit,
— statistics relating to customs warehouses,— statistics relating to free zones and free warehouses.
2. Among the goods referred to in Article 4, the same goods may be
the subject of more than one set of special statistics.
In accordance with the procedure laid down in Article 21, the Commis-
sion shall adopt provisions making it possible to quantify the extent to
which each statistic overlaps with the others.
CHAPTER II
Externaltradestatistics
Article 6
1. Among the goods referred to in Article 4, external trade statistics
shall be compiled on:
(a) those goods which, having entered the statistical territory of the
Community:
— are placed there under the customs procedure of release for free
circulation, inward processing or processing under customscontrol,
(b) those goods which, being due to leave the statistical territory of the
Community;
— are placed there under customs export or outward processing
arrangements,
— have as their customs destination re-exportation following
inward processing or, where appropriate, processing undercustoms control,
(c) the goods referred to in Article 4(1), second subparagraph.
2. The Commission may adopt supplementary provisions, in accor-
dance with the procedure laid down in Article 21, to maintain thescope of the provisions referred to in paragraph 1, taking account ofchanges in Community customs legislation and of provisions derivingfrom international conventions concluded by the Community and itsMember States which affect statistics or which have an impact on
statistical matters.
Article 7
Without prejudice to Article 23, the Single Administrative Document
which, pursuant to Article 205 of Commission Regulation (EEC)No 2454/93 of 2 July 1993 laying down provisions for the implementa-tion of Council Regulation (EEC) No 2913/92 establishing theCommunity Customs Code(
1), is used to make the declaration1995R1172 — EN — 01.01.1999 — 001.001 — 4
(1) OJ No L 253, 11. 10. 1993, p. 1.▼M2
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regarding one of the customs-approved treatments or uses referred to in
Article 6, shall be used as the statistical data medium.
Article 8
1. On the statistical data medium, and without prejudice to Article
23, goods shall be designated by type in accordance with customslegislation.
2. For eachtype of goods, mention sh all be made, on importation, of
the Taric code number provided for in Article 3 of Council Regulation(EEC) No 2658/87 of 23 July 1987 on the Tariff and StatisticalNomenclature and the Common Customs Tariff(
1) and, on exportation,
of the combined nomenclature code number.
3. The goods shall be designated in accordance with paragraphs 1
and 2, even when other Community legislation requires that they be
designated simultaneously in accordance withoth er classification.
Article 9
1. Without prejudice to customs legislation or to Article 23, coun-
tries shall be designated on the statistical data medium in such a wayas to permit classification in the nomenclature of countries under the
relevant heading which the Commission is introducing, in accordance
withth e procedure laid down in Article 21, for statistics on externaltrade and trade between Member States.
2. The code specified in the nomenclature of countries referred to in
paragraph1 must be given for eachcountry.
Article 10
1. Without prejudice to the provisions regarding the Single Admin-
istrative Document, for eachtype of goods classified pursuant to
Article 8 (1), the following data shall be given on the statistical data
medium:
(a) either the customs-approved treatment or use, or the statistical
procedure;
(b) for the imported goods referred to in Article 6 (1), the country of
origin or, in the cases to be determined by the Commission by theprocedure laid down in Article 21, the country of consignment;
(c) for the exported goods referred to in Article 6 (1) (b), the country
of destination;
(d) the quantity of goods, in net mass and in supplementary units;
(e) the statistical value of the goods;
(f) the mode of transport at the frontier;
(g) as from 1 January 1996, the internal mode of transport;
(h) the preference, according to the classification laid down by customs
legislation;
(i) the nationality of the means of transport crossing the frontier;(j) the container.
2. Without prejudice to customs legislation, the Commission may, in
accordance with the procedure laid down in Article 21, add thefollowing data to the list in paragraph 1, deciding in each case thedate from which it shall be entered on the statistical data medium:
(a) the amount invoiced;
(b) the nature of the transaction;1995R1172 — EN — 01.01.1999 — 001.001 — 5
(1) OJ No L 256, 7. 9. 1987, p. 1.▼M2
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(c) the delivery terms.
3. In order to meet national requirements the Member States may
require that the following be entered on the statistical data medium:
— in the case of the goods referred to in Article 6 (1) (a), the Member
State of destination, and in the case of the goods referred to inArticle 6 (1) (b), the actual Member State of export,
— data other than those referred to in paragraph 1, insofar as the
supply of suchdata is compatible withth e provisions regardingthe Single Administrative Document.
4. With prejudice to customs legislation, the following shall be
decided by the Commission in accordance with the procedure laiddown in Article 21:
— the definition of the data referred to in paragraphs 1 and 2 and the
first indent of paragraph3,
— the rules for entering them on the statistical data medium.
Article 11
The Community and its Member States shall compile external trade
statistics from the data referred to in Article 10 (1), pursuant to the
provisions adopted by the Commission in accordance with the proce-dure laid down in Article 21.
Article 12
1. The statistical threshold shall be defined as the limit expressed in
value or net mass below which results are not compiled.
2. The statistical threshold shall be fixed by the Commission in
accordance withth e procedure laid down in Article 21.
Article 13
1. Member States shall forward on a monthly basis the monthly
statistics on their trade with non-member countries, compiled asprovided for in Article 11, including data declared confidentialpursuant to national legislation or practices governing statistical confi-
dentiality, in accordance withth e provisions of Council Regulation
(Euratom, EEC) No 1588/90 of 11 June 1990 on the transmission ofdata subject to statistical confidentiality to the Statistical Office of theEuropean Communities(
1). The said Regulation shall govern the confi-
dential treatment of information.
2. Where necessary, the technical procedures for such transmission
shall be fixed by the Commission in accordance with the procedurelaid down in Article 21.
Article 14
The Commission shall compile the results of the external trade statis-
tics of the Community and of its Member States on the basis of theresults transmitted to it by the Member States and shall make them
available to users broken down by Combined Nomenclature subhead-
ings.
Article 15
Without prejudice to customs legislation, provisions regarding the
simplification of statistical information shall be adopted by theCommission in accordance withth e procedure laid down in Article 21.1995R1172 — EN — 01.01.1999 — 001.001 — 6
(1) OJ No L 151, 15. 6. 1990, p. 1.
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CHAPTER III
Statistics relating to transit, customs warehouses, free zones and
free warehouses
Article 16
1. The compilation by Member States of the statistics referred to in
Articles 17 to 19 shall be optional.
2. In the absence of harmonization at Community level, Member
States' provisions in this respect shall remain applicable.
Article 17
Among the goods referred to in Article 4, those which enter the statis-
tical territory of a Member State, remain there for some time or aresubject to transport-related stoppages before leaving it under a customs
transit procedure shall be covered by transit statistics.
Article 18
Among the goods referred to in Article 4, those which are placed under
customs warehouse procedure or for which the said procedure has beendischarged pursuant to Regulation (EEC) No 2913/92 shall be covered
by customs warehouse statistics.
Article 19
Among the goods referred to in Article 4, those which enter or leave
the free zones and free warehouses pursuant to Regulation (EEC)No 2913/92 shall be covered by free zones and free warehouse statis-tics.
CHAPTER IV
Committee on statistics relating to the trading of goods with third
countries
Article 20
1. A Committee on statistics relating to the trading of goods with
third countries (hereinafter called ‘the Committee’) is hereby set up,composed of representatives of the Member States and chaired by arepresentative of the Commission.
2. The Committee shall draw up its rules of procedure.
3. The Committee may examine any matter relating to the imple-
mentation of this Regulation raised by its Chairman, either on his owninitiative or at the request of the representative of a Member State.
Article 21
1. The measures necessary for the implementation of this Regulation
shall be adopted in accordance with the procedure laid down in para-graphs 2 and 3.
2. The representative of the Commission shall submit to the
Committee a draft of the measures to be taken. The Committee shall
deliver its opinion on the draft within a time-limit which the Chairman
may lay down according to the urgency of the matter. The opinionshall be delivered by the majority laid down in Article 148 (2) of theTreaty in the case of decisions which the Council is required to adopton a proposal from the Commission. The votes of the representatives ofthe Member States within the Committee shall be weighted in the
manner set out in that Article. The Chairman shall not vote.
3. The Commission shall adopt measures which shall apply immedi-
ately. However, if these measures are not in accordance with theopinion of the Committee, they shall be communicated by the Commis-sion to the Council forthwith.1995R1172 — EN — 01.01.1999 — 001.001 — 7
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In that event, the Commission may defer application of the measures
which it has decided for a period of not more than one month fromthe date of such communication.
The Council, acting by a qualified majority, may take a different deci-
sion within the time-limit referred to in the second subparagraph.
CHAPTER V
Finalprovisions
Article 22
1. The statistical results compiled pursuant to this Regulation shall
be disseminated. However, on a request by the exporter or importer tothe competent national authorities, statistical results that enable him tobe identified indirectly shall not be disseminated or shall be re-arrangedso that their dissemination is not prejudicial to the maintenance of
statistical confidentiality.
2. The measures necessary to ensure uniform standards for the appli-
cation of paragraph 1 shall be adopted by the Commission inaccordance withth e procedure laid down in Article 21.
Article 23
1. In accordance with the procedure laid down in Article 21, the
Commission may, without prejudice to customs legislation, establishsimplified data collection procedures creating, in particular, the condi-tions for increased use of automatic data processing and electronic data
transmission.
2. However, Member States' provisions in this field shall continue to
apply until the introduction of the procedures referred to in paragraph 1or in order to take account of their particular administrative organiza-tion.
Article 24
This Regulation shall enter into force on the seventh day following its
publication in the Official Journal of the European Communities .
It shall apply from the date of entry into force of the implementing
provisions referred to in Article 21. On that date Regulation (EEC)
No 1736/75 and Council Regulation (EEC) No 200/83 of 24 January
1983 on the adaptation of the external trade statistics of the Commu-nity to the Directives concerning the harmonization of procedures forthe export of goods and for the release of goods for free circulation(
1)
shall be repealed. References to those Regulations in current Commu-nity legislation shall be understood as being made to this Regulation.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1995R1172 — EN — 01.01.1999 — 001.001 — 8
(1) OJ No L 26, 28. 1. 1983, p. 1.