Commission Regulation (EC) No 1917/2000 of 7 September 2000 laying down certain provisions for the implementation of Council Regulation (EC) No 1172/95 as regards statistics on external trade (Text with EEA relevance)
Date: 2000-09-07
Institutions: European Commission
Subjects: EU statistics, customs regulations, exchange of information, foreign trade, trading operation

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COMMISSION REGULATION (EC) No 1917/2000

of 7 September 2000

laying down certain provisions for the implementation of Council Regulation (EC) No 1172/95 as
regards statistics on external trade

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1172/95 of 22
May 1995 on the statistics relating to the trading of goods by
the Community and its Member States with non-member
countries (1), as last amended by Regulation (EC) No 374/98 (2),
and in particular Article 21 thereof,

(4)

(5)

(6)

Whereas:

(1)

(2)

(3)

For the purpose of compiling external trade statistics, it
is necessary to define the implementing procedures for
the collection of data and for the processing, transmis-
sion and dissemination of the results, in order to obtain
harmonised statistics.

It is essential to clarify the subject of external trade
statistics, especially in order to avoid dual recording or
to exclude certain transactions and to define the inter-
vals at which they are to be drawn up.

The definition of the data to be returned needs to be
supplemented, together with the procedures by which
they are referred to in the statistical
information
medium.

It is essential to define the specific movements of goods
for which special provisions are necessary, Community
harmonisation measures need to be introduced.

It is necessary to fix the timetable for the transmission of
the results to the Commission and the procedures for
corrections to ensure regular and uniform dissemination.

In view of the links that exist between external trade
statistics and customs procedures, there is a need to bear
in mind the provisions adopted by Council Regulation
(EEC) No 2913/92 of 12 October 1992 establishing the
Community Customs Code (3), as amended by the Act of
Accession of Austria, Finland and Sweden, and by
Commission Regulation (EEC) No 2454/93 of 2 July
1993 laying down provisions for the implementation of
Council Regulation (EEC) No 2913/92 establishing the
Community Customs Code (4), as last amended by Regu-
lation (EC) No1602/2000 (5).

(7)

The measures provided for in this Regulation are in
accordance with the opinion of
the Committee on
External Trade Statistics,

HAS ADOPTED THIS REGULATION:

TITLE I

GENERAL PROVISIONS

— released for free circulation after being subject to inward

processing or processing under customs control,

— contained in the list of exemptions set out in Annex I.

CHAPTER 1

Object and reference period

Article 1

For the purpose of this Regulation,
‘imports’ shall mean the
movements of the goods referred to in Article 6(1)(a) of Regu-
lation (EC) No 1172/95, hereinafter referred to as ‘the Basic
Regulation’ and ‘exports’ shall mean the movements of the
goods referred to in Article 6(1)(b) of the Basic Regulation.

Article 3

1.
The statistical threshold referred to in Article 12 of the
Basic Regulation shall be fixed, for each type of goods, so that
imports or exports exceeding EUR 800 in value or 1 000 kg
in net mass shall be covered by external trade statistics.

Article 2

Pursuant to Article 6(2) of the Basic Regulation, external trade
statistics shall not cover goods:

Each Member State shall inform the Commission of the

2.
statistical threshold it has fixed in national currency.

(1) OJ L 118, 25.5.1995, p. 10.
(2) OJ L 48, 19.2.1998, p. 6.

(3) OJ L 302, 19.10.1992, p. 1.
(4) OJ L 253, 11.10.1993, p. 1.
(5) OJ L 188, 26.7.2000, p. 1.

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Article 4

The reference period shall be the calendar month during

1.
which the goods are imported or exported.

2. When the single administrative document is the statistical
information medium, the date of acceptance of the document
by the customs authorities shall determine the calendar month
to which the data refer.

CHAPTER 2

Definitions of data

Article 5

indent, of

The definitions of data referred to in Article 10(1), (2) and (3),
the Basic Regulation and the procedures
first
whereby they are given in the data medium are indicated in
Articles 6 to 14.

Article 6

1.
The ‘customs destination’ shall be identified by the proce-
dure for which the codes to be indicated are given in Annex 38
to Regulation (EEC) No 2454/93.

2. Without prejudice to the provisions concerning the single
administrative document, the statistical procedure shall be indi-
cated in the data medium where the customs declaration is not
required by the Member States.

Each Member State which makes use of

3.
the option
provided for in paragraph 2 shall draw up the list of statistical
procedures to be given in the data medium so that the statistics
may be supplied to the Commission in accordance with the
codes indicated in paragraph 4.

4.

Statistical procedures shall be coded as follows:

(a) imports:

7 — normal
1 — after outward processing
3 — for inward processing, suspension system
5 — for inward processing, drawback system
6 — after economic outward processing for textiles;

(b) exports:

1 — normal
3 — after outward processing
5 — after inward processing, suspension system
6 — after inward processing, drawback system
7 — for economic outward processing for textiles.

Article 7

1.

For the purposes of this Regulation,

(a) ‘country of origin’ means the country where the goods
originate in accordance with Title II, Chapter 2, Section 1,
of Regulation (EEC) No 2913/92;

(b) ‘country of consignment’ means the country from which
the goods were initially dispatched to the importing
Member State, without any halt or legal operation not
inherent in their transport having occurred in an inter-
mediate country;
if such halts or legal operations have
occurred, the final intermediate country shall be regarded
as the country of consignment;

(c) ‘country of destination’ means the last Member State to
which it is known, at the time of import, that the goods are
to be delivered;

(d) ‘Member State of export or import’ means the Member
State in which the export or import formalities are carried
out;

(e) ‘Member State of destination’ means the Member State to
which it is known, at the time of import, that the goods are
to be ultimately delivered;

(f) ‘Member State of actual export’ means the Member State,
other than the Member State of export, from which the
goods were initially dispatched for the purpose of export, if
the exporter is not established in the Member State of
export.

Where the goods were not
initially dispatched from
another Member State for the purpose of export or when
the exporter is established in the Member State of export,
the Member State of export shall be the same as the
Member State of actual export.

2. Without prejudice to customs regulations, and pursuant
to Article 10(1)(b) of the Basic Regulation, the country of
origin shall be indicated in the statistical information medium.

Nonetheless, the country of consignment must be indicated in
the following instances:

(a) for goods the origin of which is not known;

(b) for the following goods, even if their origin is known:

— goods falling within Chapter 97 of

the Combined

Nomenclature,

— goods imported after outward processing,

— returned goods and other goods of Community origin.

The monthly returns on the transactions referred to in (a) and
(b), which are transmitted to the Commission by the Member
States, shall include the country of consignment if it is non-EU
country. Otherwise, the code QW (or 960) is used.

3.
For specific movements of goods referred to in Title II,
the partner countries referred to in the Title should be used, if
necessary.

4.
The countries defined in paragraph 1 shall be designated
and coded in accordance with Article 9 of the Basic Regulation.

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Article 8

Where the quantity of goods to be mentioned on the data
medium is determined:

(a) ‘net mass’ means the actual mass of the good excluding all
packaging; failing any provisions to the contrary adopted
pursuant to Article 10(4) of the Basic Regulation, the net
mass shall be expressed in kilograms for each subheading
of the Combined Nomenclature;

(b) ‘supplementary units’ means the units measuring quantity,
other than the units measuring mass expressed in kilo-
grams; they must be mentioned in accordance with the
information set out in the current version of the Combined
Nomenclature, opposite the subheadings concerned, the list
of which is published in Part I ‘Preliminary provisions’ of
the said nomenclature.

Article 9

1.

‘Statistical value’ shall be:

— on export, the value of the goods at the place and time
where they leave the statistical territory of the exporting
Member State,

— on import, the value of the goods at the place and time
where they enter the statistical territory of the importing
Member State.

The value of the goods referred to in paragraph 1 shall be

2.
calculated as follows:

— in the case of sale or purchase, on the basis of the invoiced

amount of the goods,

— in other cases, on the basis of the amount which would
have been invoiced in the case of sale or purchase.

In cases where it is established, the customs value, defined in
accordance with Regulation (EEC) No 2913/92, shall be used to
determine the value of the goods.

3.
The statistical value must include only ancillary charges,
such as transport and insurance, relating to that part of the
journey which:

— in the case of exported goods, takes place in the statistical

territory of the exporting Member State,

— in the case of imported goods, takes place outside the

statistical territory of the importing Member State.

The statistical value shall not therefore include taxes due on
export or import, such as customs duties, value added tax,
excise duty, levies, export refunds or other taxes with similar
effect.

4.
For goods subject to processing operations, the statistical
value shall be established as if the goods had been produced
wholly in the country of processing.

For the goods used as carriers of information such as
5.
floppy disks, computer tapes, films, plans, audio- and video-
tapes, CD-ROMs, which are traded in order to provide informa-
tion, the statistical value shall be based on the total cost of the
goods,
it shall cover not only the medium but also the
information which is carried.

i.e.

The statistical value to be given in the data medium shall
6.
be indicated in national currency. Member States may authorise
the indication of a value expressed in another currency.

The exchange rate to be used in determining the statistical
value shall be either the exchange rate used in calculating the
dutiable value or the official exchange rate at the time of export
or import.

Without prejudice to customs regulations,
in the case of a
periodic declaration Member States may fix a single rate for the
period for conversion into national currency.

Article 10

1.
‘Mode of transport at the external frontier’ means the
mode of transport determined by the active means of transport
with which:
— on export, the goods are presumed to leave the statistical

territory of the Community,

— on import, the goods are presumed to have entered the

statistical territory of the Community.

‘Mode of transport inland’ means the mode of transport

2.
determined by the active means of transport with which:
— on export, the goods are presumed to have left the place of

departure,

— on import, the goods reach the place of arrival.

This information shall be required only in the cases for which
the customs legislation provides.

The modes of transport referred to in paragraphs 1 and 2

3.
are as follows:

A

1

2

3

4

5

7

8

9

B

10

12

16

17

18

20

23

30

40

50

70

80

90

Title

Sea transport

Railway wagon on a seagoing vessel

Powered road vehicle on a seagoing vessel

Trailer or semi-trailer on a seagoing vessel

Inland waterway vessel on a seagoing vessel

Rail transport

Road vehicle on railway wagon

Road transport

Air transport

Postal consignment

Fixed transport installations

Inland waterway transport

Own propulsion

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The modes of transport shall be designated in the data
the list shown in

4.
medium by the codes in column A of
paragraph 3.

Member States may require the modes of
to be
designated in the data medium by the codes in column B of the
said list.

transport

5.
Transport in containers within the meaning of Article
670(g) of Regulation (EEC) No 2454/93, except when the
mode of transport is designated by codes 5 (50), 7 (70), 9 (90),
must be indicated.

For this purpose, the relevant codes are:

0 — goods not transported in containers;
1 — goods transported in containers.

6.
The nationality of the active means of transport at the
external frontier which is known on import or export must
also be indicated, except when the mode of transport at the
Community frontier is designated by codes 2 (20 or 23), 5
(50), 7 (70) and 9 (90).

For this purpose, the country codes defined pursuant to Article
9 of the Basic Regulation shall be used.

7.
‘Active means of transport’ means the means of transport
which provide the motive power. In the case of intermodal
transport or if there are several means of transport, the active
means of transport shall be that which provides the motive
power for the whole combination.

The nationality of the active means of transport shall be that of
the country of registration, as known at the time of completing
the formalities.

Article 11

1.
‘Preference’ means the tariff system whereby preferential
customs duties are applicable which are wholly or partially

suspended pursuant
regulations of the Community.

to conventions, agreements or specific

The preference shall be stated in accordance with the

2.
procedure laid down in Regulation (EEC) No 2454/93.

Article 12

‘Invoiced amount’ means the amount indicated in the

1.
invoice or other documents in its stead.

‘Currency’ means the currency in which the invoiced

2.
amount is indicated.

Article 13

1.

For the purposes of this Regulation,

(a) ‘transaction’ means any operation, whether commercial or
not, which leads to a movement of goods covered by
statistics on external trade;

(b) ‘nature of the transaction’ means all those characteristics

which distinguish one transaction from another.

2.

The list of transactions is set out in Annex II.

They shall be specified in the data medium by the code
numbers in column A or by a combination of
the code
numbers in column A and their subdivisions in column B, as
indicated in the list referred to above.

Article 14

1.
‘Delivery terms’ means the provisions of the sales contract
which lay down the obligations of the seller and the buyer
respectively,
in accordance with the Incoterms of the Inter-
national Chamber of Commerce.

2.
The delivery terms shall be indicated in the data medium
by the codes and, if necessary, the details to be mentioned in
accordance with Annex III.

TITLE II

SPECIAL PROVISIONS

CHAPTER 1

2.

Specific movements of goods are as follows:

(a) industrial plants;

(b) vessels and aircraft, as defined in Chapter 3 of this Title;

Definitions and general considerations

Article 15

‘Specific movements of goods’ means movements of
1.
goods having specific features which have some significance for
the interpretation of the information and stem, as the case may
be, from the movement as such, from the nature of the goods,
from the transaction which results in the movement of the
goods or from the exporter or importer of the goods.

(c) sea products;

(d) ships' and aircraft's stores and supplies;

(e) staggered consignments;

(f) military goods;

(g) offshore installations;

(h) spacecraft and spacecraft launchers;

(i) motor vehicle and aircraft parts;

(j) postal consignments;

(k) petroleum products;

(l) waste products.

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Subject to contrary provision in this Regulation or in the
3.
absence of provisions laid down in accordance with Article 21
of the Basic Regulation, specific movements shall be mentioned
according to the relevant national provisions.

4.
The Member States shall adopt the appropriate provisions
in order to implement this chapter and may use, if necessary,
statistical information sources other than those laid down in
Article 7 of the Basic Regulation.

CHAPTER 2

Industrial plants

Article 16

1.
‘Complete industrial plant’ means a combination of
machines, apparatus, appliances, equipment, instruments and
materials, hereinafter referred to as ‘component parts’, which
fall under various headings of the Harmonised System nomen-
clature and which are designed to function together as a large-
scale unit to produce goods or provide services.

All other goods which are used in constructing a complete
industrial plant may be treated as component parts thereof,
provided they are not excluded from the statistical compilation
by virtue of the Basic Regulation.

2.
A simplified declaration procedure may be used for
recording arrivals or dispatches of complete industrial plant.
Those responsible for supplying the statistical information shall
be authorised, at their request, to use such simplified procedure
in accordance with the conditions laid down in this Regulation.

3.
The simplified procedure may be applied only to the
export of complete industrial plant, the total statistical value of
each of which exceeds EUR 1,5 million, unless they are
complete industrial plants for re-use.
In this case, Member
States shall

inform the Commission of the criteria used.

The statistical value of an industrial plant is calculated by
adding the statistical values of its component parts and the
statistical values of the goods referred to in the second subpara-
graph of paragraph 1.

Article 17

1.
this
The subheadings applicable for the purposes of
chapter are those provided for in Chapter 98 of the Combined
Nomenclature, in respect of the component parts for complete
industrial plant covered by Chapters 63, 68, 69, 70, 72, 73,
76, 82, 84, 85, 86, 87, 90 and 94, with reference to each of
these chapters and to each of the individual headings of which
they are composed.

2.
For the purposes of this chapter, component parts falling
within a given chapter shall be classified under the complete
industrial plant subheading of Chapter 98 for the chapter in

listed in that
the competent department
question unless
Chapter requires the classification of the goods in chapter 98
under the appropriate complete industrial plant subheadings at
the level of the headings of the Harmonised System nomencla-
ture or to apply the provisions of paragraph 3.

the simplified procedure shall not prevent

the
However,
competent department
from classifying certain component
parts under the relevant Combined Nomenclature subheadings
within the meaning of point (b) of Article 1(2) of Council
Regulation (EEC) No 2658/87 (1).

3. Where the competent department referred to in para-
graph 2 considers the value of the items of complete industrial
plant
to be too low to justify recording them under the
subheadings relating to the chapters under which they fall,
specific subheadings, as provided for in the Combined Nomen-
clature, shall apply.

Article 18

In accordance with the Combined Nomenclature, the code
numbers for complete industrial plant subheadings shall be
composed in conformity with the following rules:

1. the code shall comprise eight digits;

2. the first two digits shall be 9 and 8 respectively;

3. the third digit, which shall serve to identify exports of

complete industrial plant, shall be 8;

4. the fourth digit shall vary from 0 to 9 according to the
main economic activity carried out by the complete indus-
trial plant and in accordance with the classification given
below:

Code

Economic activities

0

1

2

3

4

5

6

7

8

9

Energy (including production and distribution of
steam and hot water)

of

Extraction
non-energy-producing minerals
(including preparation of metalliferous ores and peat
extraction); manufacture of non-metallic mineral
products (including manufacture of glass and glass-
ware)

Iron and steel industry; manufacture of metal articles
(excluding mechanical engineering and construction
of means of transport)

Mechanical engineering and construction of means of
transport,

instrument engineering

Chemical
industry); rubber and plastics industry

(including man-made

industry

fibres

Food, drink and tobacco industry

Textile,

leather, footwear and clothing industry

Timber and paper industry (including printing and
publishing); manufacturing industries not classified
elsewhere

Transport (excluding services connected with trans-
port, services of travel agents, freight brokers and
other agents facilitating the transport of passengers
or goods, storage and warehousing) and communica-
tions

Collection, purification and distribution of water;
services connected with transport; economic activities
not classified elsewhere;

(1) OJ L 256, 7.9.1987, p. 1.

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5. the fifth and sixth digits shall correspond to the number of
the chapter of the Combined Nomenclature to which the
complete industrial plant subheading relates. However, for
the purposes of Article 17(3), these fifth and sixth digits
shall be 9;

6. for complete industrial plant subheadings which are situ-

ated:
— at Combined Nomenclature chapter level, the seventh

and eighth digits shall be 0,

— at Harmonised System heading level, the seventh and
eighth digits shall correspond to the third and fourth
digits of that heading;

7. the competent department referred to in Article 17 (2) shall
prescribe the designation and the code number to be used
in the statistical information medium to identify the compo-
nent parts of a complete industrial plant.

Article 19

Those responsible for supplying statistical

1.
information
may not use the simplified declaration procedure without prior
authorisation in accordance with the detailed rules which each
Member State shall
lay down within the framework of this
chapter.

2.
In the case of a complete industrial plant whose compo-
nent parts are exported by several Member States, authorisation
for the use of the simplified declaration procedure shall be
given by each Member State for the exports which concern it.
However, such authorisation may be issued only on presenta-
tion of documentary evidence that the total statistical value
specified in Article 16(3) is reached or that other criteria justify
the use of the simplified procedure.

3. Where the department referred to in Article 17(2) is not
the department responsible for compiling the statistics on the
external trade of the exporting Member State, it shall not issue
authorisation without the approval of the latter.

CHAPTER 3

Imports and exports of vessels and aircraft

Article 20

For the purposes of this chapter:

(a) ‘vessels’ means the vessels used for sea transport, referred to
in Additional Notes 1 and 2 of Chapter 89 of
the
Combined Nomenclature, and warships;

(b) ‘aircraft’ means aeroplanes falling within CN code 8802 for
civilian use, provided they are used by an airline, or for
military use;

(c) ‘ownership of a vessel or an aircraft’ means the fact of a
physical or legal person's registration as owner of a vessel
or an aircraft;

ring the ownership of the vessel or aircraft is estab-
lished,

— on export, the third country where the natural or legal
person to whom the ownership of the vessel or aircraft
is transferred is established.

Article 21

External trade statistics covering the following shall be

1.
transmitted to the Commission:

(a) the transfer of ownership of a vessel or aircraft from a
physical or legal person established in a third country to a
physical or legal person established in a Member State; this
transaction shall be treated in the same way as an import;

(b) the transfer of ownership of a vessel or aircraft from a
physical or legal person established in a Member State to a
physical or legal person established in a third country; this
transaction shall be treated in the same way as an export; If
the vessel or aircraft is new, the export shall be recorded in
the Member State of construction;

(c) the placing of vessels or aircraft under inward processing
inward

customs procedures and their
processing to a destination in a third country;

re-export after

(d) the placing of vessels or aircraft under outward processing
customs procedures and their re-import after outward
processing.

2.
The results of the operations referred to in paragraph 1(a)
and (b) which the Member States transmit to the Commission
shall
— the code corresponding to the subdivision of the Combined

include the following data:

Nomenclature,

— the statistical procedure,
— the partner country,
— the quantity, as number of items and in any other supple-
mentary units laid down in the Combined Nomenclature,
for vessels, and the quantity, in net mass and in supplemen-
tary units, for aircraft,

— the statistical value.

Article 22

Member States shall use every available source of information
for the purpose of complying with this chapter.

CHAPTER 4

Ships' and aircraft's stores and supplies

Article 23

(d) ‘partner country’' means:

— on import, the third country of construction if the
vessel or aircraft is new; in other cases it shall mean the
third country where the natural or legal person transfer-

For the purposes of this chapter:
— ‘ships’ and aircraft's stores' means the various products for
consumption by the crew and passengers of vessels or
aircraft;

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— ‘ships’ and aircraft's supplies' means the products for the
operation of the engines, machines and other equipment on
vessels or aircraft, such as fuel, oil and lubricants.

import or export of the last partial consignment, indicating the
full value of the complete assembled good and using the classi-
fication code for that good.

Article 24

External trade statistics covering the following shall be

1.
transmitted to the Commission:

(a) any delivery of ships' and aircraft's stores and supplies to
vessels or aircraft for which the natural or legal person
responsible for their commercial use is established in a
third country, and which are stationed in a port or airport
of
they are
Community goods or non-Community goods placed under
inward processing customs arrangements or under arrange-
ments for processing under customs control; this operation
shall be treated as an export;

the reporting Member State, provided that

(b) any delivery of ships' and aircraft's stores and supplies to
national vessels or aircraft, which are stationed in a port or
airport of the reporting Member State, provided that they
are non-Community goods which have not been released
inward
by customs for
processing customs arrangements or under arrangements
for processing under customs control; this operation shall
be treated as an import.

free circulation, placed under

The monthly returns on the operations referred to in
2.
paragraph 1(a), which are transmitted by the Member States to
the Commission, shall

include the following data:

(a) the product code, according to the following simplified

coding:
— 9930 24 00: goods from Chapters 1 to 24 of

the

Harmonised System,

— 9930 27 00: goods from Chapter 27 of the Harmo-

nised System,

— 9930 99 00: goods classified elsewhere,

(b) the specific country code QS (or 952);

(c) the statistical procedure;

(d) the quantity in net mass;

(e) the statistical value.

CHAPTER 5

Staggered consignments

Article 25

this chapter,

‘staggered consignments’
For the purposes of
means imports or exports of components of complete goods in
a disassembled state over several deliveries for commercial or
transport-related reasons.

Article 26

CHAPTER 6

Military goods

Article 27

1.
Statistics relating to the trading of goods with non-
member countries covering exports and imports of goods for
military use in compliance with the definition in force in the
Member States shall be transmitted to the Commission.

2.
The monthly returns covering the operations referred to
in paragraph 1, which are transmitted to the Commission by
the Member States, shall

include the following data:

(a) the code corresponding to the subdivision of the product
classification referred to in Article 8 of the Basic Regula-
tion;

(b) the code of the partner country;

(c) the statistical procedure;

(d) the quantity in net mass and, where appropriate, in supple-

mentary units;

(e) the statistical value.

In the Member States unable to apply the. provisions of
3.
paragraph 2 owing to military secrecy, appropriate measures
shall be taken to ensure that, at a minimum, the statistical
value of exports and imports of goods intended for military
used are included in the monthly returns transmitted to the
Commission.

CHAPTER 7

Offshore installations

Article 28

For the purposes of this chapter,

1.
‘offshore installations’
means the equipment and devices installed in the high sea in
order to search for and exploit mineral resources.

‘Foreign’

installations, as opposed to ‘national’

2.
installa-
tions, means those installations of which the natural or legal
person responsible for the commercial use is established in a
non-member country.

Article 29

1.
In a given Member State, statistics on trade with non-
member countries covering the following shall be transmitted
to the Commission:

In the monthly returns transmitted to the Commission by the
Member States, data on the imports and exports of staggered
consignments shall be compiled once only, in the month of

(a) the delivery of goods to a national installation directly from
a non-member country or from a foreign installation; this
transaction shall be treated in the same way as an import;

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(b) the delivery of goods to a non-member country or to a
foreign installation from a national installation; this trans-
action shall be treated in the same way as an export;

(c) the delivery of goods to a national

installation from a
customs' warehouse located on the statistical territory of a
Member State; this transaction shall be treated in the same
way as an import;

(b) the admission of a spacecraft under outward-processing
arrangements and its import under such arrangements;

(c) the space launch of a spacecraft which was the subject of a
transfer of ownership between a natural or legal person
established in a non-member country and a natural or legal
person established in a Member State.

(d) the import to the statistical territory of this Member State

of goods from a foreign installation;

This operation shall be recorded as an import
Member State where the new owner is established;

in the

(e) the export from the statistical territory of this Member

State of goods destined for a foreign installation.

The monthly returns covering the operations referred to
2.
in paragraph 1, which are transmitted to the Commission by
the Member States, shall

include the following data:

(a) the code corresponding to the subdivision of the Combined

Nomenclature.

However, without prejudice to the customs regulations, if
the goods are those referred to in Article 23 the Member
States shall have the option of using the simplified codes
set out in Article 24(2)(a);

(b) the code of the partner country.

However, without prejudice to the customs regulations, in
the case of goods coming from or destined for installations,
the partner country shall be the country where the natural
or legal person responsible for the commercial use of the
installation in question is established. Where this informa-
tion is not available, the code QW (or 960) shall be used;

(c) the statistical procedure;

(d) the quantity in net mass;

(e) the statistical value.

CHAPTER 8

Spacecraft

Article 30

For the purposes of this chapter:

(a) ‘spacecraft’ means craft such as satellites which travel

in

space outside the earth's atmosphere;

(b) ‘ownership of a spacecraft’ means the fact of a natural or
legal person's registration as owner of a spacecraft.

(d) the space launch of a spacecraft which was the subject of a
transfer of ownership from a natural or legal person estab-
lished in a Member State to a natural or legal person
established in a non-member State.

This operation shall be recorded as an export by the
Member State of manufacture of the finished spacecraft;

(e) the transfer of ownership of a spacecraft in orbit from a
natural or
legal person established in a non-member
country to a natural or legal person established in a
Member State. This operation shall be recorded as an
import;

(f) the transfer of ownership of a spacecraft in orbit from a
natural or legal person established in a Member State to a
legal person established in a non-member
natural or
country. This operation shall be recorded as an export.

2.
The monthly returns on the operations referred to in
paragraph 1(c) to (f), which are transmitted to the Commission
by the Member States, shall

include the following data:

(a) the code corresponding to the subdivision of the product
classification referred to in Article 8 of the Basic Regula-
tion;

(b) the code of the partner country.

For the operations referred to in paragraph 1(c), the partner
country means the country of manufacture of the finished
spacecraft.

For the operations referred to in paragraph 1(d) and (f), the
partner country means the country where the natural or
legal person to whom the ownership of the spacecraft is
transferred is established.

For the operations referred to in paragraph 1(e), the partner
country means the country where the natural or legal
person transferring the ownership of
is
established;

the spacecraft

(c) the statistical procedure;

Article 31

(d) the quantity in net mass and in supplementary units;

Statistics on trade with non-member countries covering

1.
the following shall be transmitted to the Commission:

(e) the statistical value.

(a) the admission of a spacecraft under inward-processing
arrangements and its export under such arrangements to a
non-member country;

For the imports referred to in paragraph 1(c), the statistical
value includes the transport and insurance costs connected
with conveyance to the launch base and the space journey.

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Official Journal of the European Communities

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TITLE III

FINAL PROVISIONS

Article 32

Pursuant to Article 13 of the Basic Regulation, Member States
shall transmit to the Commission without delay, and no later
than six weeks after the end of
the
monthly results of their external trade statistics.

the reference period,

Article 33

1.
If the data contained in a statistical information medium
have to be corrected, the corrections shall be made to the
figures of the reference period.

2. Member States shall transmit the corrected monthly data
at least every three months, together with a file containing the
cumulative and corrected annual data.

Article 34

information media
Member States shall retain the statistical
referred to in Articles 7 and 23 of the Basic Regulation, or at

least the information contained therein, for at least two years
after the end of the year to which the media refer.

Article 35

Member States shall transmit to the Commission their national
instructions and any subsequent amendments.

Article 36

Commission Regulation (EC) No 840/96 (1) is repealed effective
from 1 January 2001.

References to the repealed Regulation shall be deemed to refer
to this Regulation.

Article 37

This Regulation shall enter
into force on the 20th day
following its publication in the Official Journal of the European
Communities.

It shall apply from 1 January 2001.

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

Done at Brussels, 7 September 2000.

For the Commission

Pedro SOLBES MIRA

Member of the Commission

(1) OJ L 114, 8.5.1996, p. 7.

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ANNEX I

List of exceptions referred to in Article 2

Data shall not be compiled for the following goods:

(a) means of payment which are legal tender, and securities;

(b) monetary gold;

(c) emergency aid for disaster areas;

(d) because of the diplomatic or similar nature of their intended use:

1. goods benefiting from diplomatic and consular or similar immunity;

2. gifts to Head of State or to members of a government or parliament;

3.

items being circulated within the framework of administrative mutual aid;

(e) provided that they are not the subject of a commercial transaction:

1. decorations, honorary distinctions and prizes, commemorative badges and medals;

2. travel equipment, provisions and other items, including sports equipment, intended for personal use or consump-

tion which accompany, precede or follow the traveller;

3. bridal outfits,

items involved in moving house, or heirlooms;

4. coffins, funerary urns, ornamental funerary articles and items for the upkeep of graves and funeral monuments;

5. printed advertising material,

instructions for use, price lists and other advertising items;

6. goods which have become unusable, or which cannot be used for industrial purposes;

7. ballast;

8. postage stamps;

9. pharmaceutical products used at international sporting events;

(f) products used as part of exceptional common measures for the protection of persons or of the environment;

(g) goods which are the subject of non-commercial traffic between persons resident in the frontier zones defined by the
Member States (frontier traffic); products obtained by agricultural producers on properties located outside, but
adjacent to, the statistical territory within which they have their principal undertaking;

(h) provided that the trade is temporary, goods imported and exported for the repair of means of transport, containers
and related transport equipment, but which are not placed under processing arrangements, and parts replaced during
the repairs;

(i) goods exported to national armed forces stationed outside the statistical territory as well as imported goods which had
been conveyed outside the statistical territory by the national armed forces, as well as goods acquired or diposed of on
the statistical territory of a Member State by the foreign armed forces which are stationed there;

(j) goods used as carriers of information such as floppy disks, computer tapes, films, plans, audio- and videotapes,
CD-ROMs which are traded in order to provide information, where developed to order for a particular client or where
they are not the subject of a commercial transaction, as well as goods which complement a previous delivery e.g. an
update, and for which the consignee is not invoiced;

(k) satellite launchers:

— on export and import pending their launching into space,
— at the time of launching into space.

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Official Journal of the European Communities

9.9.2000

ANNEX II

List of transactions referred to in Article 13(2)

A

B

1. Transactions involving actual or intended transfer of
ownership against compensation (financial or other-
listed under 2, 7,
wise)
8) (a) (b) (c)

the transactions

(except

1. Outright/purchase/sale (b)

2. Supply for sale on approval or after trial, for consign-
ment or with the intermediation of a commission agent

3. Barter trade (compensation in kind)

4. Personal purchases by travellers

5. Financial

leasing (hire-purchase) (c)

2. Return of goods after registration of the original trans-
action under code 1 (d); replacement of goods free of
charge (d)

1. Return of goods

2. Replacement for returned goods

3. Replacement (e.g. under warranty) for goods not being

returned

3. Transactions

involving transfer of
ownership but without compensation (financial or
other)

temporary)

(not

1. Goods delivered under aid programmes operated or
financed partly or wholly by the European Community

2. Other general government-aid deliveries

3. Other aid deliveries

(individuals, non-governmental

organisations)

4. Others

4. Operations with a view to processing under contract (e)

1. Processing under contract

or repair (f) (except those recorded under 7)

2. Repair and maintenance against payment

3. Repair and maintenance free of charge

5. Operations following processing under contract (e) or

1. Processing under contract

repair (f) (except those recorded under 7)

2. Repair and maintenance against payment

3. Repair and maintenance free of charge

6. Transactions not involving transfer of ownership, e.g.
hire, loan, operational leasing (g) and other temporary
uses (h) except processing under contract or
repair
(delivery or return)

1. Hire,

loan, operational

leasing

2. Other goods for temporary uses

7. Operations under joint defence projects or other joint
intergovernmental production programs (e.g. Airbus)

8. Supply of building materials and equipment for works
that are part of a general construction or engineering
contract (i)

9. Other transactions

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(a) This item covers most dispatches and arrivals,

i.e. transactions in respect of which:

— ownership is transferred from resident to non-resident, and
— payment or compensation in kind is or will be made.
Note that this also applies to movements between entities belonging to the same enterprise or to the same group of entreprises and to
movements to/from central distribution depots, unless no payment or other compensation is made (otherwise they are covered by code
3).

(b) Including spare parts and other replacements made against payment.
(c) Including financial leasing: the lease instalments are calculated in such a way as to cover all or virtually all of the value of the goods. The
risks and rewards of ownership are transferred to the lessee. At the end of the contract the lessee becomes the legal owner of the goods.
(d) Return and replacement dispatches of goods originally recorded under items 3 to 9 of column A should be registered under the

corresponding items.

(e) Processing operations (whether or not under customs supervision) should be recorded under items 4 and 5 of column A. Processing

activities on processor's own account are not covered by this item. They should be registered under item 1 of column A.

(f) Repair entails the restoration of goods to their original function. This may involve some rebuilding or enhancements.
(g) Operational
(h) This item covers goods that are exported/imported with the intention of subsequent re-import/re-export without any change of

leasing contracts other than financial

leasing (see note (c)).

leasing:

ownership taking place.

(i) The transactions recorded under item 8 of column A involve goods which are not separately invoiced, but for which a single invoice is

made covering the total value of the works. Where this is not the case, the transactions should be recorded under item 1.

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Official Journal of the European Communities

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ANNEX III

List of delivery terms referred to in Article 14(2)

First sub-box

Meaning

Incoterm Code

Incoterm ICC/ECE Geneva

Second sub-box

Place to be indicated

EXW

ex-works

free carrier

free alongside ship

free on board

location of works

… agreed place

agreed port of loading

agreed port of loading

cost and freight (C & F)

agreed port of destination

cost,

insurance and freight

agreed port of destination

carriage paid to

agreed port of destination

carriage and insurance paid to

agreed port of destination

delivered at frontier

agreed Place of Delivery at Frontier

delivered ex-ship

delivered ex-quay

agreed port of destination

after customs clearance, agreed port

delivered duty unpaid

agreed place of destination in importing country

delivered duty paid

agreed place of delivery in importing country

delivered terms other than the above

precise statement of terms specified in the contract

FCA

FAS

FOB

CFR

CIF

CPT

CIP

DAF

DES

DEQ

DDU

DDP

XXX

Third sub-box
1: Place located in the territory of the Member State concerned;
2: Place located in other Member State;
3: Other (place located outside the Community).