iW-COMMISSION OF THE EUROPEAN COMMUNITIES 
C0M(92)97 final-SYN 407 
Brussels,30 March 1992 
Proposal for a 
COUNCIL REGULATION (EEC) 
on transit statistics and storage statistics relating to the trading 
of goods between Member States 
(presented by the Commission) 
EXPLANATORY MEMORANDUM 
1. Council Regulation (EEC) No 3330/91 of 7 November 1991, on the statistics relating to 
the trading of goods between Member States, lays down in Article 4 that transit or 
storag statistics shall be compiled on certain goods moving from one Member State to 
another d in Article 31 that the provisions necessary for these statistics to be compiled 
must be adopted by the Council on a proposal from the Commission. The present draft 
Regulation is designed to satisfy these requirements. 
2. It has been established that in the present circumstances the Community as such has no 
need of these statistics; on the other hand, several Member States do compile, or intend to 
compile, transit and storage statistics. From 1993, the absence of legislation would 
prevent them from obtaining information in these two fields; it is therefore necessary to 
define the framework within which the Member States will be able to collect the 
information necessary for producing these statistics. 
3. With the same general aim as Regulation No 3330/91 referred to above, the present 
Regulation, while taking account of the elimination of formalities at the Community's 
internal borders, sets up the new system of collection on the basis of direct contact with 
the parties responsible for providing information and lays down the methodology to be 
followed. This methodology imposes certain limits so that the burden on the respondents 
is not generally increased and does not vary excessively from one Member State to 
another; it is thus mainly concerned with the data media and classifications to be used and 
the information to be declared. 
Nevertheless, this proposal allows the Member States a certain degree of freedom, in 
view of their differing situations in certain respects, without jeopardizing the intended 
lessening of the burden. 
4. It is also in order to alleviate burdens that thresholds are laid down below which the 
parties responsible are not required to make declarations for statistical purposes; these are 
in fact minimum thresholds which the Member States will be obliged to adhere to. 
5. As regards the trading of goods between Member States, the adoption of this Regulation 
will complete the legislation to be adopted by the Council in order to meet statistical 
requirements after 1992. 
Council Regulation (EEC) No /92 of 
on transit statistics and storage statistics relating to the trading 
of goods between Member States 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European Economic Community, and 
in particular Article 100A thereof. 
Having regard to Council Regulation (EEC) No 3330/91 of 7 November 1991 on 
the statistics relating to the trading of goods between Member Statest1), 
and in particular Articles 4 and 31 thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and Social Committee, 
Whereas abolishing customs formalities, controls and documentation for any 
movement of goods across internal frontiers is necessary for the completion 
of the internal market; 
Whereas, in the Member States, statistics may nevertheless still be required 
on the trading of goods between Member States that results from transit 
movements and movements into and out of warehouses; 
Whereas the framework in which the Member States are authorized to organize 
their statistical surveys on these movements must be determined in order to 
prevent the burden on the information respondents varying excessively from 
one Member State to another; 
Whereas, within that framework, it is necessary to determine the purpose of 
transit and storage statistics and its consequences for the collection of 
information, to ensure that responsibility for collecting this data is 
directed towards existing administrative sources and to refer to the 
competent administrative services to fill any gaps, without increasing the 
burden on the information respondents; 
Whereas this burden must not exceed certain limits, as regards either 
classifications, the data to be declared or the information media; 
Whereas it is important that the burden of transit and storage statistics be 
alleviated, particularly for small and medium-sized enterprises; whereas this 
should be effected by means of statistical thresholds; 
Whereas the Commission must not only adopt provisions implementing this 
Regulation but must also ensure that other implementing provisions adopted by 
the Member States do not compromise the alleviation of the burden on the 
information respondents; whereas the Commission should be assisted in this 
task by the Committee on the statistics relating to the trading of goods 
between Member States, 
HAS ADOPTED THIS REGULATION: 
(1) OJ No L 316 of 16.11.1991, p. 1 
Article 1 
1. With a view to drawing up transit statistics and storage statistics, the 
Member States may collect data on the trading of goods between Member 
States, acting in conformity with the rules laid down in this Regulation. 
2. The Member States which exercise this option shall so inform the 
Commission. 
Article 2 
For the purposes of this Regulation, the definitions given in Regulation 
(EEC) No 3330/91, Article 2 a), b), c), d), e) and f) shall apply. 
For the purposes of this Regulation: 
a) transit means the crossing of a given Member State by goods which are 
being transported between two places situated outside that Member 
State; 
b) interrupted transit means transit during which a break in transport 
occurs; this also includes transshipment. 
c) customs warehousing procedure means the procedure of the customs 
warehouses as defined in Articles 1 and 2 of Council Regulation (EEC) 
No 2503/88 of 25 July 1988 on customs warehouses1) 
d) competent statistical services means those services in each Member 
State which are responsible for drawing up statistics on the trading 
of goods between Member States. 
Article 3 
Of the goods referred to in Article 3 of Regulation (EEC) No 3330/91, those 
on which data are to be collected for drawing up statistics of transit 
through a given Member State are goods which are in interrupted transit in 
that Member State, except goods which, having entered the said Member State 
as non-Community goods, have subsequently been put into free circulation 
there. 
! U 
1) O J No L 22S of 15.8.1988, p.l l 
Article 4 
Of the goods referred to in Article 3 of Regulation (EEC) No 3330/91, the 
following are those on which data are to be collected for drawing up storage 
ntatistics in a given Member State: 
a) those which, though the customs warehousing procedure has not terminated, 
are transferred, within the meaning of Article 20 of Regulation (EEC) No 
2503/88, from a customs warehouse situated in that same Member State to 
one situated in another Member State; 
b) those which, though the customs warehousing procedure has not been 
terminated, are transferred, within the meaning of Article 20 of 
Regulation (EEC) No 2503/88,to a customs warehouse situated in that 
Member State from a customs warehouse situated in another Member State; 
c) those which are subject to the customs warehousing procedure in that 
Member State and are sent to another Member State under the external 
Community transit procedure; 
d) those which are subject to customs warehousing procedure in that Member 
State, having come from another Member State under the Community external 
transit procedure. 
Article 5 
The Member States shall authorise, under the conditions which they 
themselves determine, those responsible for providing statistical 
information to use administrative or commercial documents already 
required for other purposes as the statistical information medium. 
Nevertheless, with a view to the standardization of their basic 
documentation, the Member States may establish exclusively statistical 
media provided that those required to provide the statistical information 
are free to choose which of these media they will use. 
The Member States shall inform the Commission of the media which they 
authorize or establish. 
s 
Article 6 
1. In a given Member State, the person responsible for providing the 
statistical information referred to in Article 8 of Regulation (EEC) No 
3330/91 is the natural or legal person who, engaged in that Member State 
in the trading of goods between Member States, draws up the 
administrative or commercial document designated as the statistical 
information medium pursuant to Article 5(1), 1st indent-
In the absence of such a person and by way of derogation to Article 8 of 
Regulation (EEC) No 3330/91, each Member State shall nominate, from 
within t n administrative services to which the document referred to in 
the first aragraph is made available, one service which shall provide 
the information. 
2. The Member States, may, if they wish, proceed in accordance with the 
second paragraph of Article 6.1. in order to relieve the persons 
responsible for supplying information of their obligations, in whole or 
in part. 
3. The person or service referred to in Article 6 (1) shall conform with the 
provisions of this Regulation, the provisions laid down by the 
Commission shall lay down pursuant to Article 30 of Regulation (EEC) 
No 3330/91 and the measures taken by the Member States to implement these 
provisions. 
Article 7 
1. In the statistical information medium to be sent to the competent 
services: 
without prejudice to Article 34 of Regulation (EEC) No 3330/91, the 
goods shall be designated according to their usual trade description 
in sufficiently precise terms to permit their identification and 
their immediate and unequivocal classification in the most detailed 
relevant subdivision of the applicable version, i.e. the 
classification of the Harmonized System for transit statistics and 
the Combined Nomenclature for storage statistics, irrespective of th< 
level at which these classifications are applied; however, this 
provision shall not prevent the Member States applying the Standard 
Goods Nomenclature for Transport Statistics - revised (NST/R) insteac 
of the above-mentioned classifications where this is permissible 
under the legislation governing the medium used; 
- the code number corresponding to the above-mentioned subdivision may 
also be required by type of goods. 
2. In the statistical information medium, the countries shall be designated 
by an alphabetic or numerical code, as laid down in 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(*). 
In order to apply the first paragraph above, those responsible for 
providing information shall comply with the instructions of tfee competent 
national departments in drawing up the statistics covered by this 
Regulation. 
(1) O J No L 183 of 14.7.197S, p. 3 
Article 8 
Member States which establish transit statistics shall determine which 
data from the following list are to be included on the statistical 
information medium by type of goods: 
a) the country of consignment within the meaning of Article 9; 
b) the country of destination within the meaning of Article 9; 
c) the quantity of goods in gross weight within the meaning of 
Article 9; 
d) the mode of transport, pursuant to Article 9(f)(1); 
e) the place where the interruption in transit took place, pursuant to 
Article 9. 
Those Member States which establish storage statistics shall determine 
which data from the following list shall be included on the statistical 
information medium, by type of goods: 
a) the Member State of consignment, in the Member State which the the 
goods enter within the meaning of Article 9; 
b) the Member State of destination, in the case of the Member State 
which goods enter within the meaning of Article 9; 
c) the country of origin within the meaning of Article 9; this item of 
information is, however, only required within the limits of Community 
law; 
d) the quantity of goods expressed in gross mass or net mass pursuant to 
Article 9 and, if the Combined Nomenclature is used, in supplementary 
units in accordance with the CN, in application of Article 7(1); 
e) the customs value; 
f) the presumed mode of transport, pursuant to Article 9(f)(2). 
Where not covered elsewhere in this Regulation, the definition of the 
data referred to in 1 and 2, and the ways in which these shall be 
indicated listed on the statistical information medium, shall be 
determined by the Commission pursuant to the procedure laid down in 
Article 30 of Regulation (EEC) No 3330/91. 
Article 9 
With a view to the application of Article 8: 
a) country/Member State of consignment means the last country/Member State 
in which the goods have been held up or subjected to legal procedures n 
inherent in the transport process; 
b) country 'ember State of destination means the last country/Member State 
known at -he moment the statistical information medium is drawn up, as 
the one towards which the goods must be sent; 
c) country of origin means the country in which the goods originate within 
the meaning of Council Regulation (EEC) No 802/68 of 27 June 1968 on th< 
common definition of the concept of origin of goods(x); 
d) gross mass means the cumulated mass of the goods and all their packaging 
with the exclusion of the transport equipment, and particularly of 
containers; 
e) net mass means the weight of the goods proper excluding any packaging; 
f) mode of transport means that actually used 
1) before or after the interruption of transit; 
2) on entry to or exit from the warehouse. 
Modes of transport are as follows: 
Code Designation 
1 Sea transport 
2 Rail transport 
3 Road transport 
4 Air transport 
5 Postal shipments 
7 Fixed transport installations 
8 Inland waterway transport 
9 Self-propelled 
If the mode of transport is given as one of those listed under Codes 1, 2, 3, 
4 or 8, it must also be stated whether the goods are transported in 
containers within the meaning of Article 15(3) of 
Regulation No 1736/75. 
g) Place of interruption of transit means the port, airport or any other 
place where transit is interrupted within the meaning of Article 2(2)(b). 
(1) OJ No L 148 of 28.6.1968, p. 1 
i 
Article 10 
1. When the data referred to in Article 7 and 8 do not need to be given on 
the administrative or commercial document referred to in the first 
paragraph of Article 5(1) for the purposes for which this document is 
required, the Member States shall instruct the administrative service 
referred to in the second paragraph of Article 6(1) to collect them and 
forward them to the competent statistical services in accordance with 
procedures which they shall lay down. 
2. Without prejudice the second paragraph of Article 5(1), the Member States 
shall establish the media to be used by the above-mentioned 
administrative service for forwarding these data. 
Article 11 
1. For the purposes of this Regulation, the statistical thresholds are 
defined as limits - expressed in gross mass for transit statistics and as 
values or in mass for storage statistics - below which respondents are 
not required to submit information. 
2. The threshold for transit statistics is fixed per type of goods at at 
least: 
50 kg in the case of air transport; 
- 1 000 kg for other modes of transport. 
3. The threshold for storage statistics is fixed at at least ECU 800 per 
type of goods, irrespective of the mass of the goods, or at at least 
1 000 kg per type of goods, irrespective of the value of the goods. 
1 
Article 12 
1- Information which is communicated in application of this Regulation and 
which is confidential or is covered by professional secrecy shall be 
subject to the protection accorded to information of the same type under 
the national law of the Member State which receives it and under the 
corresponding provisions applicable to Community bodies. 
Information referred to in the above paragraph may not be communicated to 
persons other than those in the Member States or the Community 
institutions whose official duties require them to have knowledge of it. 
Neither may it be used for purposes other than those laid down in this 
Regulation, unless the authority which supplied it has expressly agreed 
and as long as such communication or use is not forbidden by the 
provisions in force in the Member State or authority which has recieved 
it. 
2. Paragraph 1 above shall not preclude the use of the information obtained 
in application of this Regulation for the purposes of subsequent legal 
proceedings or prosecutions. 
If the information is used for such purposes, the competent authority of 
the Member State which supplied it shall be immediately informed. 
Article 13 
1- The provisions necessary for implementing this Regulation shall be laid 
down in accordance with the procedure referred to in Article 30 of 
Regulation (EEC) No 3330/91. 
2. The Member States may lay down the provisions required for collecting 
information in order to draw up transit and storage statistics when such 
provisions are not contained in this Regulation or laid down by the 
Commission in accordance with paragraph 1. 
Nevertheless, if the effect of these national arrangements is to 
compromise the alleviation of the burden on the information respondents, 
the Commission shall lay down, in conformity with the above-mentioned 
Article, the arrangements which reestablish the conditions for 
alleviating this burden. 
Av 
Article 14 
The Member States shall communicate to the Commission the measures which they 
take to implement this Regulation. 
Article 15 
The Committee on the statistics relating to the trading of goods between 
Member States, instituted by Article 29 of Regulation (EEC) No 3330/91, may 
examine any question relating to the implementation of this Regulation raised 
by its Chairman, either on his own initiative or at the request of the 
representative of a Member State. 
Article 16 
This Regulation shall enter into force on the third day following its 
publication in the Official Journal of the European Communities. 
It shall be applicable from the date given in the second paragraph of Article 
35 of Regulation (EEC) No 3330/91. 
//M 
IMPACT ON THE SME AND EMPLOYMENT 
Administrative obligations resulting from the application of the legislation for enterprises 
The regulation does not define new obligations to declare information; it does, however, 
recommend the use of documents, which are already required for other purposes, as statistical 
information media. One should point out that the regulation is designed to meet the needs of the 
Member States whereas the Community as such has not yet identified any similar requirements 
for information. 
2. Advantages for the enterprise 
The regulation aims to standardise procedures and it lays down limits for statistical 
requirements. Stress is also laid on reducing the burden on respondents as the Regulation 
determines the thresholds which enterprises are not obliged to declare information. 
It is obvious that in general, having statistics is advantageous for the enterprises, directly or 
indirectly, if they are both suppliers and users of the information. 
3. Disadvantages for the enterprise 
An obligation to declare, whatever its nature, can always be considered as a burden on 
enterprises; nevertheless, the regulation attempts to reduce this burden and also introduces 
simplified procedures. 
4. Effects on employment 
The Regulation should have neither a negative nor a positive effect on employment; in general, 
its aim is to maintain the data collection necessary for drawing up the statistics which are 
currently prepared by certain Member States; it does this by adapting the framework and 
methodology of these statistics to the special situation created by the introduction of the internal 
market. 
5. Was there a prior consultation with the social partners? 
As regards transiting and warehousing movements, this Regulation does derive from an obligation 
laid down in Council Regulation No 3330/91 on the statistics relating to the trading of goods 
between Member States. This regulation, including the particular aspect in question, was 
preceded by opinions of the Economic and Social Committee and under went the cooperation 
procedure with the European Parliament after it had been carefully prepared by the Commission 
which kept the main professional organisations concerned informed during the whole process. 
ISSN 0254-1475 
COM(92) 97 
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Catalogue number: CB-CO-92-108-EN-C 
ISBN 92-77-42067-7 
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