REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission under Regulation (EC) No 471/2009 on Community statistics relating to external trade with non-member countries
Date: 2020-11-03
Institutions: European Commission, Eurostat
Subjects: EU statistics, European Commission, delegated legislation, foreign trade, powers of the institutions (EU), third country, trade statistics, transfer of competence

EN 

  EN 

   EUROPEAN COMMISSION  Brussels, 3.11.2020  COM(2020) 683 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of the power to adopt delegated acts conferred on the Commission under Regulation (EC) No 471/2009 on Community statistics relating to external trade with non-member countries    
 
 
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

on the exercise of the power to adopt delegated acts conferred on the Commission under 
Regulation (EC) No 471/2009 on Community statistics relating to external trade with 
non-member countries 

1. 

BACKGROUND 

Regulation  (EU) 2016/1724  of  the  European  Parliament  and  of  the  Council  of 
14 September 20161  amended  Regulation  (EC)  No 471/2009  of  the  European 
Parliament  and  of  the  Council  of  6 May 2009  on  Community  statistics  relating  to 
external  trade  with  non-member  countries2  in  order  to  align  it  with  the  distinction 
between delegated and implementing acts introduced under the Lisbon Treaty. 

Articles 3(2),  (3)  and  (4),  4(5),  5(2)  and  (4),  and  6(3)  of  Regulation  (EC) 
No 471/2009,  as  amended,  empower  the  Commission  to  adopt  delegated  acts  in 
accordance with its Article 10a, in respect of: 

- 

- 

- 

- 

- 

the adaptation of the list of customs procedures or customs-approved treatment 
or use; 

the  designation  of  specific  goods  or  movements  and  the  different  or  specific 
provisions applicable to them; 

the exclusion of goods or movements from external trade statistics; 

the further specification of the statistical data; 

the  level  of  aggregation  for  partner  countries,  goods  and  currencies  for 
statistics on trade by invoicing currency; 

-  data  collection  relating  to  specific  goods  or  movements  and  from  economic 

operators who have been granted certain customs simplifications; and 

-  a requirement for limited sets of data for specific goods or movements and for 
data  collected  from  economic  operators  who  have  been  granted  certain 
customs simplifications. 

2. 

LEGAL BASIS 

Under Article 10a(2) of Regulation (EC) No 471/2009, the power to adopt delegated 
acts  is  conferred  for  a  period  of  5  years  from  20  October  2016.  It  is  to  be  tacitly 
extended  for  periods  of  5  years  unless  the  European  Parliament  or  the  Council 
opposes such extension no later than 3 months before the end of each period. 

The Commission is to draw up a report on the delegation of power no later than 9 
months before the end of the 5-year period. This report fulfils this obligation. 

3. 

EXERCISE OF DELEGATED POWERS UNDER REGULATION (EC) NO 471/2009 

The Commission has not yet exercised the power to adopt delegated acts conferred 
on  it  by  Regulation  (EC)  No 471/2009.  There  has  been  no  need  to  do  so,  as  all 

1  OJ L 163, 29.5.2014, p. 10. 
2  OJ L 152, 16.6.2009, p. 23. 

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measures  considered  necessary  to  date  were  covered  by  Commission  Regulation 
(EU) 2016/21193. 

4. 

CONCLUSIONS 

The Commission has not yet exercised the power to adopt delegated acts conferred 
on it by Regulation (EC) No 471/2009.  

The  repeal  of  the  Regulation  with  effect  from  1 January 20224  means  that  the 
Commission does not envisage exercising the power in the future and any extension 
of the period of delegation beyond 20 October 2021 will end on 31 December 2021. 

3  Commission Regulation (EU) 2016/2119 of 2 December 2016 amending Regulation (EC) No 471/2009 of 
the European Parliament and of the Council and Commission Regulation (EU) No 113/2010 as regards the 
adaptation of the list of customs procedures and the definition of the data (OJ L 329, 3.12.2016, p. 66). 
4  By  Regulation  (EU)  2019/2152  of  the  European  Parliament  and  of  the  Council  of  27  November  2019  on 
European business statistics, repealing 10 legal acts in the field of business statistics (OJ L 327, 17.12.2019, 
p. 1). 

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