Proposal for a European Parliament and Council Regulation (EC) amending Council Regulation (EEC) No 3330/91 on the statistics relating to the trading of goods between Member States
Date: 1997-05-30
Institutions: European Commission
Subjects: EU statistics, common commercial policy, exchange of information, intra-EU trade, trading operation

COMMISSION OF THE EUROPEAN COMMUNITIES 

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Brussels, 30.05.1997 
COM(97)252  final 

97/0155 (COD) 

Proposal for a 

EUROPEAN PARLIAMENT AND COUNCIL REGULATION  ŒO 

amending Council Regulation (EEC) No 3330/91 on the statistics relating to the 
trading of goods between Member States 

(presented by the Commission) 

EXPLANATORY  MEMORANDUM 

1.  Instrastai  is the  system  which  lays  down  The rules  for  the  collection  and  compilation  ot 
statistics  on  the  trading  of goods  between  Member  States.  It  was  introduced  on  1 January 
]QQ1 following  *t>e abolition  of customs formalities  within  the  Community 

The  system  is  based  on  the  principle  of  direct  data  collection  from  intra-Community 
operators,  who  are obliged  to  submit  a monthly  declaration  of their  dispatches  and  arrivals 
of  goods.  This  declaration  has  replaced  the  copy  of  the  customs  declaration  which 
previously  served  as a statistical  medium. 

2.  The  Intrastat  declaration  contains  various  items  of  information,  including  data  on 
transport  (mode  of transport,  port  or  airport  of loading  or  unloading  and  port  or  airport  of 
transhipment)  and  delivery terms. 

3.  After  three  years  of  system  application,  it  has  emerged  from  data  analysis,  from  the 
results  of  a  survey  of  statistical-information  suppliers  and  users,  and  from  the  conclusions 
of a seminar  attended  by  all  system  participants  that  the  task  of  supplying  this  information 
is  often  difficult  and  restricting,  and  that  data  are  sometimes  of  inadequate  quality  and 
limited  relevance. 

4. In February  1996, the ministers responsible for  the internal  market  decided  to take  steps 
to  simplify  legislation  relating  to  the  internal  market,  and  the  Intrastat  system  was  one  of 
the projects  chosen. 

5.  In  this  context,  the  Commission  considers  it  appropriate  to  present  this  proposal,  the 
purpose  of  which  is  to  remove  the  above-mentioned  information  from  the  list  of  data 
referred  to  in Article 23  of Regulation  (EEC)  No  3330/91.  Bearing  in mind,  however,  that 
information  on  the  mode  of  transport  is  regarded  as  indispensable,  its  removal  will  be 
applicable  from  1 January  2000,  the  expiry  data  for  the  derogations  granted  to  Member 
States  in connection  with  transport  statistics;  in Member  States  which  are  able  to  provide 
this information  by other means, removal  may take  place before  that  date. 

6. This proposal  is also intended  to  endow  national  administrations  with  competence  to  fix 
transmission  deadlines for  declarations by PSIs. 

7.  Finally,  in  the  interests  of  transparency,  the  Commission  undertakes  to  publicly 
disseminate the data required  by each Member  State. 

SL 

Proposal  for a 
European  Parliament  and  Council  Regulation  (EC)  No  ..../.... 

of 

amending  Council  Regulation  (EEC) No 3330/91  on the statistics  relating  to  the 
trading of goods  between  Member  States 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN 
UNION 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article  100A thereof, 

Having regard  to the proposal  from  the  Commission, 

Having  regard  to the opinion  delivered  by the Economic  and  Social  Committee, 

Acting  in accordance with the procedure  laid  down  in Article  189b of the  Treaty, 

Whereas,  pursuant  to  Council  Regulation  (EEC)  No  3330/91  of  7 November  1991  on 
the  statistics  relating to  the trading  of goods  between  Member  States1,  as  amended  by 
Commission  Regulation  (EEC)  No  3046/922,  the  Community  and  the  Member  States 
compile  statistics  relating  to  the  trading  of  goods  between  Member  States  (Intrastat) 
during  the  transitional  period  beginning  on  1 January  1993  and  ending  on  the  date  of 
changeover  to  a unified  system  of taxation  in the Member  State  of  origin; 

Whereas  the  simplification  of  legislation  for  the  internal  market,  as  formulated  in  the 
SLIM  (Simpler  Legislation  for  the  Internal  Market)  initiative,  aims  to 
improve 
enterprises'  competitiveness  and job  creation  potential; 

Whereas  the  simplification  of the  Intrastat  system  was  chosen  as  a  SLIM  pilot  project, 
and  specific  proposals  formulated  by the  SLIM-Intrastat  Working  Party  with  a view  to 
reducing 
in  a 
communication  to  the European  Parliament  and  to the  Council  have been  endorsed; 

the  burden  on  providers  of  statistical 

information  contained 

Whereas  limiting  the  information  on  declarations  while  maintaining  an  acceptable  level 
of  information  for  users  is  a  prime  means  of  reducing  the  burden  on  providers  of 
statistical  information; 

Whereas  deleting  the  mode  of  transport  and  the  terms  of  delivery  is  one  of  these 
simplification  measures;  whereas  a  transition  period  is  nevertheless  necessary  for 
certain  Member  States to  adapt  their  national  statistical  systems; 

Whereas  optional  data  should  be abolished  in order  to  limit  the  burden  on  providers  of 
statistical  information  and  to  guarantee  equal  treatment  of these;  whereas  the  reporting 
of  the  country  of  origin  is  nevertheless  of  particular  benefit  to  numerous  users  and 
should  therefore  be  retained; 

' O J N o L 3 1 6,  16.11.1991, p.l 
2 OJ No L 307, 23.10.1992, p.27 

Whereas, in order to meet to the expectations of the providers of statistical  information 
and  take  account  of  the  Member  States'  differing  administrative  set-ups,  national 
administrations  are  afforded  greater flexibility in  laying  down  the  deadlines  for  the 
transmission of declarations, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulation (EEC) No 3330/91  is hereby amended as follows: 

1. In Article  13 (1), the words "deadlines and" are deleted. 

2. In Article 23  (1), paragraph f) is deleted. 

3. In Article 23  (1), paragraph g) is deleted. 

4. Article 23 (2) is replaced by the following: 

"  Member  States may not require the statistical  data medium to  mention data other 
than those provided for in paragraph  1, with the exception of the following: 
a) in the Member State of arrival, the country of origin; 
b) the terms of delivery until 31 December 1999." 

5. The following  paragraph  4  is added  to  Article 23 : 

"4.  The  Commission  shall  ensure  the  publication  of  the  data  required  of  providers  of 
statistical  information  by  the  Member  States  in  the  Official  Journal  of  the  European 
Communities,  C  series." 

Article  2 

1.  This Regulation  shall  enter  into  force  on the twentieth  day  following  its  publication 

in the Official  Journal  of  the European  Communities. 

2.  Article  1(1), (2), (4) and  (5)  shall  apply  from  1 January  1998. 

3.  Article  1(3)  shall  apply  from  1 January  2000.  However,  for  Member  States  which 
apply  Council  Directives  78/546/EEC(l),  80/1119/EEC  (2),  80/1177/EEC  (3)  and 
95/64/EC (4) in full,  or which  can  provide  by  other  means the  statistical  information 
provided  for  by  these  Directives,  this  paragraph  shall  apply  before  1 January  2000, 
as  of  the  dates  decided  by  the  Commission  on  the  basis  of  the 
information 
transmitted  by the Member  State  concerned. 

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 

(1) OJ No L 168, 26.6.1978, p.29 
(2)OJNoL339,  15.12.1980, p.30 
(3) OJ No L 350, 23.12.1980, p.23 
(4) OJ No L 320, 30.12.1995, p.25 

r 

IMPACT ASSESSMENT STATEMENT 

IMPACT OF THE PROPOSAL ON ENTERPRISES,  ESPECIALLY  SMALL AND 
MEDIUM-SIZED  ENTERPRISES (SMEs) 

Title  of  proposal:  Regulation  (EC)  of  the  European  Parliament  and  of  the  Council 
amending Regulation (EEC) No 3330/91  on the statistics relating to the trading of goods 
between Member States 

1 he  proposal 

l. 

TAKING  ACCOUNT  OF  THE  PRINCIPLE  OF  SUBSIDIARITY,  WHY  IS  COMMUNITY 
LEGISLATION  NECESSARY  IN THIS AREA AND WHAT ARE ITS MAIN  AIMS? 

The  purpose  of  this  proposal  is  to  make  the  statistical  declaration  on  trade  between 
Member  States  (Intrastat  declaration)  more  straightforward  for  providers  of  statistical 
information  (PSIs).  It  is  part  of  the  SLIM  initiative  and  is  in  accordance  with  the 
recommendations of the SLIM/Intrastat group and with the Commission report approved 
by the Council on 26 November 1996. 

The  aim  is  to  remove  information  relating  to  the  "mode  of  transport"  and  to  "delivery 
terms",  whose  usefulness  does  not justify  the  burden  imposed  by  their  collection  and 
whose quality is not considered to be entirely satisfactory.  Bearing in mind, however, that 
information  on  the  mode  of  transport  is  regarded  as  indispensable,  its  removal  will  be 
applicable  from  1 January 2000,  the expiry data for the derogations  granted to Member 
States  in  connection  with  transport  statistics:  in  Member  States  able  to  provide  this 
information by other means, removal may take place before that date. 

Data designated  as optional  will  also be removed,  except  for  country  of  origin -  as this 
item of information is of vital importance in establishing the link between intra- and extra-
Community trade. 

The  proposal  is  supplemented  by  other  measures  relating  to  the  transparency  of  the 
system and to administrative organisation in Member States. 

This amendment to Community legislation is necessary to  ensure harmonised  application 
at Member State level so that PSIs are fairly treated. A new Regulation is thus essential so 
that the simplification may be applied by all Member States. 

The impact on  businesses 

2.  WHO WILL BE AFFECTED  BY THE  PROPOSAL? 

-  which sectors of business 

-  which  sizes  of  business  (what  is  the  concentration  of  small  and  medium-sized 

firms) 

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-  are there particular geographical  areas of the Community  where these  businesses 

are found 

This  simplification  will  benefit  all  enterprises  which  are  required  to  provide  statistical 
information, and as a result the statistical burden will be reduced; logically,  this alleviation 
will  be  felt  most  by  SMEs,  on  which  the  Intrastat  declaration  imposes  a  proportionally 
greater burden. 

3.  WHAT WILL BUSINESS HAVE TO DO TO COMPLY WITH THE PROPOSAL? 

Enterprises  are  not  required  to  take  any  special  measures  in  order  to  comply  with  this 
proposal.  The  only  adjustment  necessary  consists  of  complying  with  a  less  burdensome 
request for statistical information. 

4.  WHAT ECONOMIC EFFECTS IS THE PROPOSAL LIKELY TO HAVE? 

-  on employment 

-  on investment and the creation of new businesses 

-  on the competitive position of businesses 

The  measures  envisaged  by this  proposal  are,  like  all  simplification  measures,  likely  to 
contribute towards enhancing the competitiveness of enterprises. 

5. 

DOES THE PROPOSAL CONTAIN MEASURES TO  TAKE ACCOUNT  OF THE SPECIFIC 
SITUATION  OF  SMALL  AND  MEDIUM-SIZED  FD*MS  (REDUCED  OR  DIFFERENT 
REQUHŒMENTS, ETC.)? 

The chief beneficiaries  of the simplification  measures will be SMEs,  which have  difficulty 
in coping with the burden imposed by statistical returns, 

Consultation 

6. 

LIST THE ORGANISATIONS WHICH HAVE BEEN CONSULTED ABOUT THE PROPOSAL 
AND OUTLINE THEER MAIN VIEWS. 

The professional associations and simplification bodies, at European level, were consulted 
as part of the survey and seminar organised in 1996 to assess the operation of the Intrastat 
system; they also participated in the working party set up under the SLIM initiative. 

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ISSN 0254-1475 

COM(97) 252  final 

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Catalogue number  :  CB-CO-97-240-EN-C 

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