Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 638/2004 on Community statistics relating to trading of goods between Member States as regards conferring of delegated and implementing powers upon the Commission for the adoption of certain measures, the communication of information by the customs administration, the exchange of confidential data between Member States and the definition of statistical value.
Date: 2013-08-08
Institutions: European Commission
Subjects: EU statistics, European Commission, confidentiality, disclosure of information, power of implementation, powers of the institutions (EU), trading operation













EUR-Lex - 52013PC0578 - EN











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52013PC0578

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 638/2004 on Community statistics relating to trading of goods between Member States as regards conferring of delegated and implementing powers upon the Commission for the adoption of certain measures, the communication of information by the customs administration, the exchange of confidential data between Member States and the definition of statistical value. /* COM/2013/0578 final - 2013/0278 (COD) */









EXPLANATORY MEMORANDUM
1.           CONTEXT
OF THE PROPOSAL
The Treaty on the Functioning of the
European Union (TFEU) makes a distinction between powers which may be delegated
to the Commission to adopt non-legislative acts of general application to
supplement or amend certain non-essential elements of a particular legislative
act, as laid down in Article 290(1) of the TFEU (delegated acts), and the implementing
powers which shall be conferred on the Commission where uniform conditions for
implementing legally binding Union acts are needed, as laid down in Article
291(2) of the TFEU (implementing acts).
In connection with the adoption of Regulation (EU) No 182/2011 of the European
Parliament and of the Council of 16 February 2011 laying down the rules and
general principles concerning mechanisms for control by Member States of the
Commission’s exercise of implementing powers[1], the Commission has committed
itself[2]
to reviewing, in the light of the
criteria laid down in the TFEU, legislative acts which currently contain references to
the regulatory procedure with scrutiny. 
The overall objective is, by the end of
Parliament’s seventh term (June 2014), to remove all provisions referring to
the regulatory procedure with scrutiny from all legislative instruments.
In the context of the alignment of 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[3] with the
new rules of the TFEU, implementing powers currently conferred upon the
Commission by that Regulation should be provided for by conferring powers on
the Commission to adopt delegated and/or implementing acts.
In addition, some other changes are
proposed in order to improve the production of intra-EU trade statistics.
2.           RESULTS
OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
The Committee for the statistics on the
trading of goods between Member States and the European
Statistical System Committee were consulted. 
There was no need for impact assessment.
3.           LEGAL
ELEMENTS OF THE PROPOSAL
Summary of the proposed action.
·      (i) Alignment        
The main objective of this proposal is to amend
Regulation (EC) No 638/2004 so
as to align it with the new institutional context. 
In particular, the aim is to identify the
powers conferred on the Commission and put in place the appropriate procedure
for adopting measures on the basis of these powers. 
As regards Regulation
(EC) No 638/2004, it is proposed to empower the
Commission to adopt delegated acts in
respect of the adoption of different or specific rules
applying to specific goods or movements, the adaptation
of the reference period, the adaptation of the Intrastat coverage rates, the
specification of the conditions for defining the thresholds referred to in
Article 10(4), the definition of the conditions for simplifying the information
to be provided for small individual transactions, the definition of the
aggregated data and the definition of the criteria with which the results of
the estimates should comply.
Furthermore, it is proposed to confer
implementing powers on the Commission enabling it to adopt, in accordance with
the examination procedure laid down in Article 5 of Regulation (EU) No 182/2011, the arrangements for collecting Intrastat information,
particularly concerning the codes to be used, technical provisions for compiling
annual statistics on trade by business characteristics and any measures
necessary to ensure the quality of the statistics transmitted according to the
quality criteria.
·      (ii) Additional changes
Simplifications of customs clearance
schemes have led to the non-availability, at customs level, of statistical
information about goods under customs processing procedures. In order to assure
the quality and the coverage of intra-EU trade statistics, it is proposed to
collect information on movements of these goods through the Intrastat system.
Furthermore, intra-EU trade statistics
could, in terms of quality of the statistics and the efficiency of the system, also
benefit from an increased exchange of confidential data between the relevant
national authorities of the Member States. Such exchanges for statistical
purposes only, should therefore be explicitly allowed.
A uniform definition of the data element
“statistical value” is necessary in all trade in goods statistics at Union
level. It is therefore proposed to align the current definition of this data
element in intra-EU trade statistics with that of the extra-EU trade statistics.
·      (iii) Streamlining of the European Statistical System
Regulation (EC) No 223/2009 of the European
Parliament and of the Council of 11 March 2009 on European statistics[4] defined the European Statistical System (ESS) as the partnership between the European
statistical authority, which is the Commission (Eurostat), and the national
statistical institutes (NSIs) and other national authorities responsible in
each Member State for developing, producing and disseminating European statistics.
The European Statistical System Committee
(ESSC), set up under Article 7 of Regulation
(EC) No 223/2009, is regarded as the umbrella committee
within the ESS. It assists the Commission in exercising its implementing powers
for certain statistical domains. These exclude international trade in goods statistics. 
In this domain, the Committee for the
statistics on the trading of goods between Member States (Intrastat Committee) assists
the Commission, in accordance with Article 14 of Regulation (EC) No 638/2004. 
The Commission is proposing a new ESS structure to improve
coordination and partnership in a clear pyramid structure within the ESS, with
the ESSC as the highest strategic body. One aspect of this streamlining is to concentrate
comitology powers in the hands of the ESSC. In February 2012[5], the ESSC supported this new
approach.
Therefore it is also proposed to amend Regulation
(EC) No 638/2004 by replacing reference
to the Intrastat Committee by a
reference to the ESSC. 
·      Legal basis
Article 338 (1) of the Treaty on the Functioning
of the European Union. 
·      Choice of instrument
Regulation of the European Parliament and
of the Council. 
4.           BUDGETARY
IMPLICATION 
The proposal has no implications for the EU
budget.
5.           OPTIONAL ELEMENTS 
None.
·      European Economic Area
N/A 
2013/0278 (COD)
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
amending Regulation (EC) No 638/2004 on
Community statistics relating to trading of goods between Member States as
regards conferring of delegated and implementing powers upon the Commission for
the adoption of certain measures, the communication of information by the
customs administration, the exchange of confidential data between Member States
and the definition of statistical value. 
THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 338(1) thereof,
Having regard to the proposal from the
European Commission,
After transmission of the draft legislative
act to the national Parliaments,
Acting in accordance with the ordinary
legislative procedure,
Whereas:
(1)       As a consequence of the
entry into force of the Treaty on the Functioning of the European Union (“the Treaty”),
the powers conferred upon the Commission should be aligned with Articles 290
and 291 of the Treaty.
(2)       In connection with the
adoption of Regulation (EU) No
182/2011 of the European Parliament and of the Council of 16 February 2011
laying down the rules and general principles concerning mechanisms for control
by Member States of the Commission’s exercise of implementing powers[6], the Commission has committed
itself[7]
to reviewing, in the light of the criteria laid down in the Treaty, legislative
acts which currently contain references to the regulatory procedure with
scrutiny. 
(3)       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[8]
confers powers upon the Commission in order to implement some of the provisions
of this Regulation.
(4)       In the context of the
alignment of Regulation (EC) No 638/2004 with the new rules of the Treaty,
implementing powers currently conferred upon the Commission should be provided
for by conferring powers on the Commission to adopt delegated and implementing
acts.
(5)       In
order to provide a satisfactory response to users' needs for statistical
information without imposing excessive burdens on economic operators, to take
into account changes necessary for methodological reasons and the necessity to
set up an efficient system for the collection of data and the compilation of
statistics, the power to adopt acts in accordance with
Article 290 of the Treaty should be delegated to the Commission in respect of the
adoption of different or specific rules applying to
specific goods or movements, the adaptation of the
reference period, the adaptation of the Intrastat coverage rates, the
specification of the conditions for defining the thresholds referred to in
Article 10(4), the definition of the conditions for simplifying the information
to be provided for small individual transactions, the definition of the aggregated
data and the definition of the criteria with which the results of the estimates
should comply. 
(6)       It is of particular
importance that the Commission carries out the appropriate consultations during
its preparatory work, including at expert level. When preparing and drawing-up
delegated acts, the Commission should ensure the simultaneous, timely and
appropriate transmission of relevant documents to the European Parliament and the
Council.
(7)       The Commission should
ensure that these delegated acts do not impose a significant additional
administrative burden on the Member States and on the respondent units.
(8)       In order to ensure uniform
conditions for the implementation of Regulation (EC) No 638/2004, implementing
powers should be conferred on the Commission enabling it to adopt the
arrangements for collecting information, particularly concerning the codes to
be used, technical provisions for compiling annual statistics on trade by
business characteristics and any measures necessary to ensure that the quality
of the statistics transmitted is according to the quality criteria. These
powers should be exercised in accordance with Regulation (EU) No 182/2011.
(9)       The Committee for the statistics on the trading of goods between Member
States (Intrastat Committee) referred to in Article 14 of Regulation (EC) No
638/2004 provides advice to the Commission and assists it in exercising its
implementing powers.
(10)     Under the strategy for a
new European Statistical System (hereinafter referred to as 'ESS') structure intended
to improve coordination and partnership in a clear pyramid structure within the
ESS, the European Statistical System Committee (hereinafter
referred to as 'ESSC'), established by Regulation (EC) No 223/2009 of the
European Parliament and of the Council of 11 March 2009 on European statistics[9], should have an advisory role
and assist the Commission in exercising its implementing powers.
(11)     Regulation (EC) No 638/2004
should be amended by replacing the reference to the Intrastat Committee with a
reference to the ESSC. 
(12)     Simplifications of customs
clearance schemes have led to the non-availability, at customs level, of
statistical information about goods under customs processing procedures. To assure
coverage of the data, movements of those goods should be included in the
Intrastat system.
(13)     The exchange of confidential
data relating to intra-EU trade statistics should be allowed between Member
States with a view to increasing the efficiency of the development, production
and dissemination or to improving the quality of those statistics. 
(14)     The definition of statistical
value should be clarified and aligned with the definition of this data element
under the extra-EU trade statistics. 
(15)     In accordance with the
principle of proportionality, it is necessary and appropriate to lay down rules
on the communication of information by the customs administration, the exchange
of confidential data between MS and the definition of statistical value in the
domain of intra-EU trade statistics. This Regulation does not go beyond what is
necessary to achieve that objective, in accordance with Article 5(4) of the
Treaty on the European Union. 
(16)     To ensure legal certainty,
procedures for the adoption of measures which have been initiated but not
completed before the entry into force of this Regulation should not affected by
this Regulation.
(17)     Regulation (EC) No 638/2004
should therefore be amended accordingly,
HAVE ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 638/2004 is amended as follows:
(1) In Article 3, paragraph 4 is replaced by the following:
‘4. The Commission shall
be empowered to adopt, in accordance with Article 13a, delegated acts relating to
different or specific rules applying to specific goods
or movements.’
(2) Article 5
is amended as follows:
(a)        In
paragraph 1, the word ‘Community’ is deleted.
(b)        Paragraph 2
is replaced by the following:
‘2. The statistical information on dispatches
and arrivals of goods which are the subject of a single administrative document
for customs or fiscal purposes shall be provided directly by customs to the
national authorities, at least once a month.’
(c)        The following paragraph 2a is
inserted:
‘2a.The responsible customs
administration in each Member State shall, on its own initiative or at the
request of the national authority, furnish the national authority with any available
information that could improve the quality of statistics.’
(3)        In Article 6, paragraph 2 is
replaced by the following:
‘2. The Commission shall be empowered to
adopt, in accordance with Article 13a, delegated acts to adapt the reference period to take into account the linkage with value added tax (VAT) and customs obligations.’ 
(4)        In Article 9(1), the second subparagraph is replaced by the
following:
‘Definitions of the statistical data referred to in points (e) to
(h) are given in the Annex. The
Commission shall adopt, by means of implementing acts, the arrangements to collect this information, particularly the codes to
be employed.
These implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 14(2).’
(5)        The
following Article 9a is inserted:
‘Article 9a 
Exchange
of confidential data
The exchange of confidential data, as defined
by Article 3(7) of Regulation (EC) No 223/2009 of the European Parliament
and of the Council of 11 March 2009 on European statistics (*), shall for statistical purposes only, be allowed between the respective national
authorities of each Member State, where the exchange
serves the efficient development, production and dissemination of European statistics
relating to the trading of goods between Member States or improves their quality.
National authorities that have obtained
confidential data shall treat this information confidentially and shall use it exclusively for statistical purposes.’ 
(*) OJ L 87, 31.3.2009, p. 164.'
(6)        Article 10 is amended as follows:
(a)        In paragraph
3, the second subparagraph is replaced by the following:
‘The Commission shall be
empowered to adopt, in accordance with Article 13a, delegated acts to adapt these Intrastat coverage rates to technical and economic
developments whenever it is possible to reduce them, while maintaining
statistics which meet the quality indicators and standards in force.’ 
(b)        In paragraph 4, the second subparagraph is replaced by the
following:
‘The Commission shall be empowered to adopt, in accordance with
Article 13a, delegated acts to specify the conditions
for defining those thresholds.’
(c)        Paragraph 5 is replaced by the following:
‘5. Member States may, under certain conditions that meet quality
requirements, simplify the information to be provided for small individual
transactions. The Commission shall be empowered to
adopt, in accordance with Article 13a, delegated acts to define these conditions.’
(7)        Article 12 is amended as follows:
(a)        In paragraph
1, point (a) is replaced by the following:
‘(a) 40 calendar days after the end of the reference month for the
aggregated data to be defined by the Commission. The
Commission shall be empowered to adopt, in accordance with Article 13a, delegated
acts to define these aggregated data.’
(b)        Paragraph 2 is
replaced by the following:
‘2. Member States shall provide the Commission (Eurostat) with
monthly results which cover their total trade in goods by using estimates,
where necessary. The Commission shall be empowered to
adopt, in accordance with Article 13a, delegated acts to define the criteria with which the results of the estimates shall comply.’
(c)        In paragraph
4, the third subparagraph is replaced by the following:
‘The Commission shall adopt, by means of implementing acts, technical provisions for compiling these statistics.
Those implementing acts shall be adopted in
accordance with the examination procedure referred to in Article 14(2).’
(8)        In Article 13, paragraph 4 is
replaced by the following:
‘4. The Commission shall
adopt, by means of implementing acts, any
measures necessary to ensure the quality of the statistics transmitted
according to the quality criteria.
Those implementing acts shall be adopted in accordance with
the examination procedure referred to in Article 14(2).’
(9)        The following Article 13a is
inserted:
‘Article
13a
Exercise of the delegation
1.         The power to adopt delegated
acts is conferred on the Commission subject to the conditions laid down in this
Article.
2.         When exercising the powers
delegated in Articles 3(4), 6(2), 10(3) (4) and (5), 12(1)(a) and (2), the
Commission shall ensure that the delegated acts do not impose a significant
additional administrative burden on the Member States and on the respondents.
3.         The power to adopt delegated
acts referred to in Articles 3(4), 6(2), 10(3) (4) and (5), 12(1)(a) and (2)
shall be conferred on the Commission for an indeterminate period of time from [(Publication
office: please insert the exact date of the entry into force of the amending
Regulation)]. 
4.         The delegation of power referred
to in Articles 3(4), 6(2), 10(3) (4) and (5), 12(1)(a) and (2) may be revoked
at any time by the European Parliament or by the Council. A decision to revoke
shall put an end to the delegation of the power specified in that decision. It
shall take effect the day following the publication of the decision in the Official
Journal of the European Union or at a later date specified therein. It
shall not affect the validity of any delegated acts already in force.
5.         As soon as it adopts a delegated
act, the Commission shall notify it simultaneously to the European Parliament
and to the Council.
6.         A delegated act adopted pursuant
to Articles 3(4), 6(2), 10(3) (4) and (5), 12(1)(a) and (2) shall enter into force only if no objection has been
expressed either by the European Parliament or the Council within a period of two
months of notification of that act to the European Parliament and the Council
or if, before the
expiry of that period, the European
Parliament and the Council have both informed the Commission that they will not
object. That period shall be extended by two months at
the initiative of the European Parliament or the Council.’
(10) Article 14 is replaced by the
following:
‘Article14
Committee
1.         The Commission shall be assisted
by the European Statistical System Committee established by Regulation (EC) No
223/2009. This committee shall be a committee within the meaning of Regulation
(EU) No 182/2011 of the European Parliament and of the Council of 16 February
2011 laying down the rules and general principles concerning mechanisms for
control by Member States of the Commission’s exercise of implementing powers(*).
2.         Where reference is made to this
paragraph, Article 5 of Regulation (EU)
No 182/2011 shall apply.
_________________________
(*) OJ L 55, 28.2.2011, p. 13.’
(11) In the Annex,
point 3(b) is replaced by the following:
‘(b) the statistical value, which is the
value calculated at the national borders of the Member States. It shall be
based on the taxable amount or, where applicable, the value replacing it. It
includes only incidental expenses (freight, insurance) incurred, in the case of
dispatches, in the part of the journey located on the territory of the Member State of dispatch and, in the case of arrivals, in the part of the journey located
outside the territory of the Member State of arrival. It is said to be a fob
value (free on board) for dispatches, and a cif value (cost, insurance,
freight) for arrivals.’
Article 2
This Regulation shall not affect the procedures
for the adoption of measures provided for in Regulation
(EC) No 638/2004 that have been initiated but not
completed before the entry into force of this Regulation.
Article 3
This Regulation shall enter into force on
the twentieth day following that of its publication in the Official Journal
of the European Union.
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
The
President                                                 The President
[1]               OJ L 55, 28.2.2011,
p. 13.
[2]               OJ L 55, 28.2.2011, p. 19.
[3]               OJ L 102, 7.4.2004, p.1.
[4]               OJ L 87, 31.3.2009, p. 164.
[5]               12th meeting of the ESSC, 12 February 2012.
[6]               OJ L 55, 28.2.2011,
p.13.
[7]               OJ L 55, 28.2.2011, p. 19.
[8]               OJ L 102,7.4.2004, p.1.
[9]               OJ L 87, 31.3.2009, p. 164.