Commission Regulation (EC) No 1915/2005 of  24 November 2005  amending Regulation (EC) No 1982/2004 with regard to the simplification of the recording of the quantity and specifications on particular movements of goods
Date: 2005-11-24
Institutions: European Commission
Subjects: EU statistics, aircraft, data collection, disclosure of information, electrical energy, export (EU), import (EU), intra-EU trade, natural gas, vessel

L 307/8

EN

Official Journal of the European Union

25.11.2005

COMMISSION REGULATION (EC) No 1915/2005

of 24 November 2005

amending Regulation (EC) No 1982/2004 with regard to the simplification of the recording of the
quantity and specifications on particular movements of goods

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

trade with vessels and aircraft, sea products, electricity
and natural gas.

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) No 638/2004 of the European
Parliament and of
the Council of 31 March 2004 on
Community statistics relating to the trading of goods between
Member States and repealing Council Regulation (EEC) No
3330/91 (1) and in particular Articles 3(4) and (5), 9, 10 and
12 thereof,

Whereas:

(6)

(7)

(8)

Clarification is also needed regarding replacement parts
which are used for repair.

Regulation (EC) No 1982/2004 should therefore be
amended accordingly.

The measures provided for in this Regulation are in
accordance with the opinion of
the Committee on
statistics
relating to the trading of goods between
Member States,

(1)

goods between Member

the European Parliament and of

Commission Regulation (EC) No 1982/2004 of 18
November 2004 implementing Regulation (EC) No
638/2004 of
the
Council on Community statistics relating to the trading
of
repealing
Commission Regulations (EC) No 1901/2000 and (EEC)
No 3590/92 (2) determines provisions for some data
elements and specific goods. These provisions should
be adapted in order to facilitate data collection and to
become more accurate on some particular trade trans-
actions.

States

and

(2) With a view to reducing the reporting burden for parties
responsible for providing the information, Member States
should have the possibility to exempt companies from
providing information on the quantity in net mass for all
the goods for which supplementary units have to be
mentioned at the same time.

(3)

In order to meet national data requirements Member
States should be given more flexibility on the collection
of codes of the Nature of Transaction as long as infor-
mation transmitted to the Commission is not affected.

(4) With a view to harmonising Community statistics
relating to the trading of vessels and aircraft between
Member States, data transmission on trade with vessels
and aircraft should be limited to transactions registered
in the national ships or aircraft register and involving
companies established in the reporting Member State.

(5)

Additional provisions on data sources should be specified
in order to enable national authorities to collect more
precise information on arrival and dispatches as regards

(1) OJ L 102, 7.4.2004, p. 1.
(2) OJ L 343, 19.11.2004, p. 3.

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1982/2004 is amended as follows:

1. Article 9 is replaced by the following:

‘Article 9

Quantity of the goods

1.
The net mass shall be given in kilograms. However,
where there is a supplementary unit mentioned according
to paragraph 2, it is not mandatory to request the specifi-
cation of net mass from the parties responsible for providing
information.

The

supplementary units

2.
shall be mentioned in
accordance with the information set out in the Combined
Nomenclature hereinafter referred to as “CN” as established
by Council Regulation (EEC) No 2658/87 (*) opposite the
subheadings concerned, the list of which is published in
Part I “Preliminary provisions” of the said Regulation.
___________
(*) OJ L 256, 7.9.1987, p. 1. Regulation as last amended by
Regulation (EC) No 493/2005 (OJ L 82, 31.3.2005,
p. 1).’

2. In Article 10, the following sentence is added:

‘Member States may collect code numbers for national
purposes
code
numbers of column A are transmitted to the Commission.’

in column B provided that only the

25.11.2005

EN

Official Journal of the European Union

L 307/9

3. Article 17 is amended as follows:

(a)

In paragraph 2, points (a) and (b) are replaced by
following:

those of the Intrastat System or the Single Administrative
Document for customs or fiscal purposes which they may
need to apply this Article.’

‘(a) the transfer of ownership of a vessel or aircraft, from
a natural or
legal person established in another
Member State to a natural or legal person established
in the reporting Member State and registered in the
national ships or aircraft register. This transaction
shall be treated as an arrival;

(b) the transfer of ownership of a vessel or aircraft from
a natural or legal person established in the reporting
Member State and registered in the national ships or
aircraft register to a natural or legal person estab-
lished in another Member State. This transaction
shall be treated as a dispatch.

the vessel or aircraft

If
recorded in the Member State of construction.’

is new the dispatch is

(b) Paragraph 4 is replaced by the following:

Provided that

‘4.
there is no conflict with other
Community legislation, national authorities shall have
access to all available additional data sources other
than those of the Intrastat System or the Single Admin-
istrative Document for customs or fiscal purposes, such
as information from national ships and aircraft registers
which may be required to identify the transfer of
ownership of such goods.’

4. In Article 21 paragraph 4 is replaced by the following:

Provided that

there
legislation, national

‘4.
is no conflict with other
shall have
Community
access to all available additional data sources other than
those of the Intrastat System or the Single Administrative
Document
for customs or fiscal purposes such as infor-
mation on declarations of national registered vessels on sea
products landed in other Member States.’

authorities

5. In Article 22 paragraph 4 is replaced by the following:

Provided that

‘4.
is no conflict with other
Community
shall have
access to all available additional data sources other than

there
legislation, national

authorities

6. Article 23 is amended as follows:

(a) The title is replaced by the following:

‘Electricity and gas’.

(b) Paragraphs 1 and 2 are replaced by the following:

‘1.
Statistics relating to the trading of goods between
Member States shall cover dispatches and arrivals of
electricity and natural gas.

Provided that

2.
there is no conflict with other
Community legislation, national authorities shall have
access to all available additional data sources other
than those of the Intrastat System or the Single Admin-
istrative Document for customs or fiscal purposes which
they may need to transmit data referred to in paragraph
1 to the Commission (Eurostat). National authorities may
require that information is provided directly by operators
established in the reporting Member State which own or
operate the national transmission network for electricity
or natural gas.’

7. In Annex I, point (h) is replaced by the following:

‘(h) Goods for and after repair and the incorporated repla-
cement parts. A repair entails the restoration of goods to
their original function or condition. The objective of the
operation is simply to maintain the goods in working
order;
or
enhancements but does not change the nature of the
goods in any way.’

this may

rebuilding

involve

some

8. Annex II is deleted.

Article 2

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

This Regulation shall apply from 1 January 2006.

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

Done at Brussels, 24 November 2005.

For the Commission

Joaquín ALMUNIA
Member of the Commission