Commission Regulation (EC) No 1949/2005 of  28 November 2005  amending Regulation (EC) No 1917/2000 with regard to specific movements and the exclusion of trade relating to repair transactions
Date: 2005-11-28
Institutions: European Commission
Subjects: EU statistics, foreign trade, statistical method, third country, trading operation

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COMMISSION REGULATION (EC) No 1949/2005

of 28 November 2005

amending Regulation (EC) No 1917/2000 with regard to specific movements and the exclusion of
trade relating to repair transactions

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

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), and in particular Articles 4(1), 6(2),
9(1), 10(4) and 15 thereof,

Whereas:

(1)

(EC) No

1917/2000

Commission Regulation
of
7 September 2000 laying down certain provisions for
the implementation of Council Regulation (EC) No
trade (2),
1172/95 as
specifies the data elements to be collected for statistics
on external
and
movements which should be exempted or which need
particular provisions for methodological reasons.

statistics on external

and enumerates

the goods

regards

trade

(2) Whenever appropriate, common definitions and concepts
should be applied in respect of data relating, respectively,
to the trading of goods between Member States and to
the trading of goods with non-member countries. Since
Regulation (EC) No 638/2004 of
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 (3) revised the framework for the
production of Community statistics on the trading of
goods between Member States, it has become necessary
to adapt accordingly the implementing rules on statistics
on the trading of goods by the Community and its
Member States with non-member countries.

the

(3)

recommendations and the
According to international
provisions
in force concerning Community statistics
relating to the trading of goods between Member
States, goods undergoing repair are to be excluded
from statistics relating to the trading of goods. Conse-
quently, it is also necessary to exclude goods undergoing
repair from Community statistics on the trading of goods
with non-member countries.

(1) OJ L 118, 25.5.1995, p. 10. Regulation as last amended by Regu-
lation (EC) No 1882/2003 of the European Parliament and of the
Council (OJ L 284, 31.10.2003, p. 1).

(2) OJ L 229, 9.9.2000, p. 14.
(3) OJ L 102, 7.4.2004, p. 1.

In order to ensure the comparability of information on
specific goods traded within the Community and those
traded with non-member countries, adjustments have to
be made to provisions for industrial plants, vessels and
aircraft, ships and aircraft stores and supplies, staggered
consignments, offshore
elec-
tricity, gas and sea products.

installations,

spacecraft,

subject of

Additional specifications should be provided on goods
which are
to
harmonise the way these goods are excluded from
Community statistics on the trading of goods with
non-member countries.

temporary use

in order

The coding system serving to describe the nature of the
transaction should be
aligned on the provisions
applicable within the framework of statistics on the
trading of goods between Member States.

Regulation (EC) No 1917/2000 should therefore be
amended accordingly.

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

(5)

(6)

(7)

(8)

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1917/2000 is amended as follows:

1. Article 2 is replaced by the following:

‘Article 2

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

— released for

to
inward processing or processing under customs control,

free circulation after being subject

— contained in the list of exemptions set out in Annex 1.’

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2.

In Article 15(2) the following point (m) is added:

‘(m) Electricity and gas.’

(c)

the fifth and the sixth digits shall correspond to the
chapter of the Combined Nomenclature to which the
goods of the component part belong;

3.

In Article 16, paragraphs 2 and 3 are replaced by the
following:

(d) the seventh and the eighth digits shall be 0.’

‘2. Member States may apply a simplified declaration
procedure for
recording exports of complete industrial
plant.

6. Article 19(3) is deleted.

7. Article 20 is amended as follows:

3.
The simplified procedure may be applied only to the
export of complete industrial plants the total statistical
value of each of which exceeds EUR 3 million, unless
they are complete industrial plants for re-use; in this case,
Member States shall inform the Commission of the criteria
used.

(a) point (c) is replaced by the following:

‘(c) “ownership of a vessel or an aircraft” means the fact
of a natural or legal person’s registration as owner
of a vessel or an aircraft.’;

The statistical value of an industrial plant shall be calculated
by adding the statistical values of its component parts and
the statistical values of the goods referred to in the second
subparagraph of paragraph 1.’

(b) point (d) is deleted.

8. Article 21 is replaced by the following:

4. Article 17 is replaced by the following:

‘Article 21

‘Article 17

1.
For the purposes of this Chapter, component parts
falling within a given chapter of the Combined Nomen-
the relevant complete
clature shall be classified under
industrial plant subheading of Chapter 98 of that Nomen-
clature.

2. Where Member States do not allow a simplified
declaration procedure for recording component parts of
complete industrial plant under the subheadings provided
for in Chapter 98, the goods shall be classified under the
relevant subheadings, as provided in the other chapters of
the Combined Nomenclature.’

5. Article 18 is replaced by the following:

‘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:

(a)

the code shall comprise eight digits;

(b) the first four digits shall be 9880;

External

1.
Commission shall cover the following transactions:

trade statistics to be transmitted to the

(a)

the transfer of ownership of a vessel or aircraft from a
natural or legal person established in a non-member
country 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 import;

(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 established
in a non-member country;
this transaction shall be
treated as an export;

(c)

the Community or the leaving of

the entry of a vessel or aircraft in the statistical territory
of
the statistical
territory of
the Community because of operations
with a view to or following processing under contract.

For the purposes of point (b), the export shall be recorded
in the Member State of construction if the vessel or aircraft
is new.

the purposes of point

For
shall be
considered to cover only operations aiming to produce a
new or really improved vessel or aircraft.

(c),

“processing”

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The statistics on the transactions

2.
paragraph 1 which the Member States transmit
Commission shall include the following data:

referred to in
to the

including access

to information
(EC) No 1172/1995,
contained in national shipping and aircraft registers which
may be required in order
to identify the transfer of
ownership of such goods.’

(a)

the code corresponding to the subdivision of
Combined Nomenclature;

the

10. In Article 24(2), point (b) is replaced by the following:

(b) the statistical procedure;

(c)

the partner country, namely:

— in the case of transactions referred to in paragraph
1(a), the non-member country of construction if the
in other cases, the non-
vessel or aircraft is new;
member country where the natural or legal person
transferring the ownership of the vessel or aircraft is
established;

— in the case of transactions referred to in paragraph
1(b) the non-member country where the natural or
legal person to whom the ownership of the vessel
or aircraft is transferred is established;

— in the case of transactions referred to in paragraph
1(c) the non-member country of consignment for
vessels and aircraft entering the statistical territory
of the Community and the country of destination
for vessels
statistical
territory of the Community;

and aircraft

leaving the

(d) the quantity, as a number of items and in any other
laid down in the Combined
in net

supplementary units
Nomenclature,
for vessels, and the quantity,
mass and in supplementary units, for aircraft;

(e)

the statistical value, meaning the total amount which
would be invoiced in the case of sale or purchase of the
whole vessel or aircraft, after exclusion of any transport
and insurance costs.

‘(b) the country code of

simplified country code QS;’.

the partner country or

the

11. Article 25 is replaced by the following:

‘Article 25

For the purposes of this Chapter, “staggered consignments”
means imports or exports of components of complete
in an unassembled or disassembled state over
goods
several deliveries
transport-related
commercial or
reasons.’

for

12. Article 29(2) is replaced by the following:

returns

The monthly

‘2.
transactions
referred to in paragraph 1, which are transmitted to the
Commission by the Member States,
include the
following data:

covering the

shall

(a)

the code corresponding to the subdivision of
Combined Nomenclature;

the

(b) the country code of

the partner country or

the

simplified country code QW;

(c)

the statistical procedure;

(d) the quantity in net mass;

(e)

the statistical value.

The reference period shall be the month in which
3.
either the transfer of ownership takes place,
in the case
of transactions referred to in paragraph 1(a) or 1(b), or
in which the movement takes place, in the case of trans-
actions referred to in paragraph 1(c).’

For the purposes of point (a), the following simplified codes
shall be used for goods destined for the operators of the
offshore installation or for the operation of the engines,
machines and other equipment of the offshore installation:

9. Article 22 is replaced by the following:

— 9931 24 00: goods from CN Chapters 1 to 24;

‘Article 22

— 9931 27 00: goods from CN Chapter 27;

National authorities shall have access to data sources in
addition to those laid down in Article 7 of Regulation

— 9931 99 00: goods classified elsewhere.

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country”

Without prejudice to the customs regulations, in the case of
goods coming from or destined for
the
“partner
shall be
understood to be the country where the natural or legal
person responsible for the commercial use of the instal-
lation in question is established.’

referred to in point

installations,

(b)

13. Article 31 is replaced by the following:

‘Article 31

Statistics on trade with non-member
following shall be

countries
transmitted to the

1.
covering the
Commission:

(a)

the entry of a spacecraft into the statistical territory of
the Community or the leaving of the statistical territory
of the Community because of operations with a view
to, or following, processing under contract;

(b) 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;

(c)

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

The operations referred to in point (b) shall be recorded as
an import in the Member State where the new owner is
established.

The operation referred to in point (c) shall be recorded as
an export by the Member State of construction of the
finished spacecraft.

For the purposes of this paragraph, “processing” shall be
considered to cover only operations aiming to produce a
new or really improved spacecraft.

2.
The monthly returns on the operations referred to in
paragraph 1, which Member States shall transmit to the
Commission, shall include the following data:

(a)

the code corresponding to the subdivision of
Combined Nomenclature;

the

(b) the code of the partner country;

(c)

the statistical procedure;

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

(e)

the statistical value as the value of the spacecraft “ex-
works” in accordance with the delivery terms specified
in Annex III to this Regulation.

For the purposes of point (b), “partner country” shall be
determined according to the following criteria:

— for the operations referred to in paragraph 1(a) “partner
country” shall mean the non-member country of origin
for spacecraft entering the statistical
territory of the
country of destination for
and the
Community
spacecraft
the
statistical
the
Community;

territory of

leaving

— for the operations referred to in paragraph 1(b) “partner
country” shall mean the country of construction of the
finished spacecraft;

— for the operations referred to in paragraph 1(c) “partner
country” shall mean the country where the natural or
legal person to whom the ownership of the spacecraft is
transferred is established.

3.
The reference period shall be the month in which
either the movement takes place, in the case of operations
referred to in paragraph 1(a), or in which the transfer of
ownership takes place, in the case of operations referred to
in paragraph 1(b) and (c).’

14. In Title II, after Article 31, the following Chapters 9 and 10

are added:

‘CHAPTER 9

Electricity and gas

Article 31a

In addition to the data sources laid down in Article 7 of
Regulation (EC) No 1172/95, national authorities may
information for the monitoring of
require that relevant
trade flows on electricity and gas between the reporting
Member State and non-member countries be provided
directly by operators established in the reporting Member
State which own or operate the national
transmission
network for electricity or gas.

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CHAPTER 10

Sea products

Article 31b

(b) the code of the partner country, namely:

— on import,

the non-member country where the

vessel capturing the sea product is registered;

For the purposes of this Article, “sea products” means
1.
fishery products, minerals, salvage and all other products
which have not yet been landed by seagoing vessels.

— on export, the non-member country where the sea
product is landed or where the vessel acquiring the
sea product is registered;

External

2.
Commission shall cover the following transactions:

trade statistics to be transmitted to the

(a)

the landing of sea products in the reporting Member
State’s ports, or their acquisition by vessels registered in
a Member State from vessels registered in a non-
member country, these transactions being treated as
imports;

(b) the landing of sea products in a non-member country’s
ports from a vessel registered in the reporting Member
State, or their acquisition by vessels registered in a non-
member country from vessels registered in a Member
State, these transactions being treated as exports.

3.
The monthly returns on the transactions referred to
in paragraph 2, which the Member States shall transmit to
the Commission, shall include the following data:

(c)

the statistical procedure;

(d) the quantity in net mass;

(e)

the statistical value.

4.
National authorities shall have access to data sources
in addition to those laid down in Article 7 of Regulation
including access to information on
(EC) No 1172/95,
declarations of national registered vessels on sea products
landed in non-member countries.’

15. Annexes I and II are replaced by the Annex to this Regu-

lation.

Article 2

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

(a)

the code corresponding to the subdivision of
Combined Nomenclature;

the

It shall apply from 1 January 2006.

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

Done at Brussels, 28 November 2005.

For the Commission

Joaquín ALMUNIA
Member of the Commission

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ANNEX

Annexes I and II to Regulation (EC) No 1917/2000 are replaced by the following:

‘ANNEX I

List of goods referred to in Article 2 excluded from statistics relating to the trading of goods with non-member
countries to be transmitted to the Commission (Eurostat)

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 consular or similar immunity;

2. gifts to a 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

consumption 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;

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(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)

(j)

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 disposed
of on the statistical territory of a Member State by the foreign armed forces which are stationed there;

goods used as carriers of information such as floppy disks, computer tapes, films, plans, audio- and videotapes, and
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;

(l)

goods for and after repair and the incorporated replacement parts. A repair entails the restoration of goods to their
original function or condition. The objective of the operation is simply to maintain the good in working order; this
may involve some rebuilding or enhancements but does not change the nature of the good in any way;

(m) goods for and following temporary use, provided all the following conditions are met:

1. no processing is planned or made;

2. the expected duration of the temporary use is not longer than 24 months.

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ANNEX II

List of transactions referred to in Article 13(2)

A

B

1. Transactions involving actual or intended transfer of
or
(except the transactions listed under 2, 7,

compensation

(financial

against

ownership
otherwise)
8) (a) (b) (c)

1. Outright/purchase/sale (b)
2. Supply for
consignment
commission agent

or with

sale on approval or

after

trial,

the

intermediation

of

for
a

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)

(h)

(except those recorded under 7)

5. Operations

following processing under

contract (e)

(h)

(except those recorded under 7)

6. Particular transactions coded for national purposes (f)

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 (g)

9. Other transactions

(h)

(h)

(h)

(h)

(a) This item covers most exports and imports, 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 enterprises and to
movements to/from central distribution depots, unless no payment or other compensation is made (otherwise they are covered by
code 3).
Including spare parts and other replacements made against payment.
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.

(b)
(c)

(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 covers operations (transformation, construction, assembling, enhancement, renovation, …) with the objective of producing
a new or really improved item. This does not necessarily involve a change in the product classification. Processing activities on a
processor’s own account are not covered by this item and should be registered under item 1 of column A.
Goods for or following processing have to be recorded as imports and exports.
However, a repair should not be recorded under this position. 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; this may involve some rebuilding or
enhancements but does not change the nature of the goods in any way.
Goods for and after repair are excluded from external statistics see Annex I (l).

(f) Transactions recorded under this position could be e.g. transactions not involving transfer of ownership, e.g. repair, hire,

loan,
operational leasing and other temporary uses, except processing under contract (delivery or return). Transactions recorded with this
code shall not be transmitted to the Commission.

(g) 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.

(h) Code numbers for national purposes may be collected in column B provided that only the code numbers of column A are transmitted

to the Commission.’