CELEX: 31995R1172
Language: en
Date: 1995-05-22 00:00:00
Title: 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

Avis juridique important

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31995R1172

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  

Official Journal L 118 , 25/05/1995 P. 0010 - 0014

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 countriesTHE COUNCIL OF THE  EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 113  thereof, Having regard to the proposal from the Commission  (1), Whereas Community statistics on external trade are an indispensable tool for the purposes of the  common commercial policy and must be drawn up on the basis of a methodology common to all the  Member States; Whereas, however, in accordance with the principle of subsidiarity, the Member States are, for  reasons of efficiency, to make the necessary arrangements for the collection and analysis of the  data, while the Commission is to handle the integration and dissemination of Community results; Whereas Council Regulation (EEC) No 1736/75 of 24 June 1975 on the external trade statistics of the  Community and statistics of trade between Member States  (2), laid down the methodological bases  for all such statistics; Whereas since the adoption of Council Regulation (EEC) No 2954/85 of 22 October 1985 laying down  certain measures for the standardization and simplification of the statistics on trade between  Member States  (3) and of Council Regulation (EEC) No 3330/91 of 7 November 1991 on the statistics  relating to the trading of goods between Member States  (4), certain provisions of Regulation (EEC)  No 1736/75 are no longer sufficiently clear; Whereas statistics on the trading of goods by the Community and its Member States with non-member  countries must continue to be compiled on the basis of customs procedures; whereas the provisions  already in force should simply be adjusted in line with the amendments in customs legislation  introduced with a view to the proper functioning of the internal market; Whereas, amongst those statistics, those on transit, customs warehouses and free zones and free  warehouses have not yet been the subject of harmonized regulations; Whereas it is preferable that the technical provisions relating to the compiling of external trade  statistics be incorporated in the implementing provisions of this Regulation; Whereas it appears advisable to replace the relevant legislation in order to increase transparency  via consolidation of the texts in force and the clarification of certain terms; Whereas it is important to guarantee the uniform application of this Regulation and to provide, to  that end, for a Community procedure which enables procedures for its implementation to be adopted  within a suitable time; whereas a committee should be set up in order to ensure close and effective  cooperation between the Member States and the Commission in this field, HAS ADOPTED THIS REGULATION: Article 1 The Community and its Member States shall compile statistics relating  to the trading of goods by the Community and is Member States with non-member countries in  accordance with the rules laid down in this Regulation. CHAPTER I General provisions Article 2 For the purposes of this Regulation and without  prejudice to any individual provisions: (a)  'trading of goods with non-member countries` means any movement of goods between a non-member  country and a Community country or vice versa; (b)  'goods` means all moveable property, including electric current; (c)  'Community goods` means goods as referred to in Article 4 (7) of Council Regulation (EEC) No  2913/92 of 12 October 1992 establishing the Community Customs Code  (5); (d)  'non-Community goods` means goods as referred to in Article 4 (8) of Regulation (EEC) No  2913/92; (e)  'non-member country` means any country or territory which does not form part of the  statistical territory of the Community within the meaning of Article  3. Article 3 1.  The statistical territory of the Community and of its Member States shall  correspond to the customs territory of the Community as defined in Article 3 of Regulation (EEC) No  2913/92. 2.  By way of derogation from paragraph 1, the statistical territory of the Community shall include  Heligoland, but it shall not include the French overseas departments or the Canary Islands. Article 4 1.  Statistics relating to the trading of goods by the Community and its Member States  with non-member countries shall be compiled for all goods which, after entering or before leaving  the statistical territory of the Community, are subject to customs-approved treatment or use within  the meaning of Article 4 (15) of Regulation (EEC) No 2913/92. The said statistics shall also include goods which, being unable to undergo customs-approved  treatment or use, are the subject of trade between parts of the statistical territory of the  Community and the French overseas departments or the Canary Islands. The said statistics shall also include, in accordance with rules which the Commission shall  determine in accordance with the procedure laid down in Article 21, certain goods which are not  moved or which are not subject to customs-approved treatment or use. However, the goods referred to in the second subparagraph of Article 3 (1) of Regulation (EEC) No  3330/91 shall be excluded from these statistics. 2.  Paragraph 1 shall apply to both non-Community and Community goods, whether or not they are the  subject of a commercial transaction. Article 5 1.  Statistics relating to the trading of goods by the Community and its Member States  with non-member countries shall include the following specific statistics: -  statistics relating to external trade, -  statistics relating to transit, -  statistics relating to customs warehouses, -  statistics relating to free zones and free warehouses. 2.  Among the goods referred to in Article 4, the same goods may be the subject of more than one  set of special statistics. In accordance with the procedure laid down in Article 21, the Commission shall adopt provisions  making it possible to quantify the extent to which each statistic overlaps with the others. CHAPTER II External trade statistics Article 6 1.  Among the goods referred to in Article 4,  external trade statistics shall be compiled on: (a)  those goods which, having entered the statistical territory of the Community: -  are placed there under the customs procedure of release for free circulation, inward processing  or processing under customs control, -  are referred to the second subparagraph of Article 4 (1); (b)  those goods which, being due to leave the statistical territory of the Community; -  are placed there under customs export or outward processing arrangements, -  have as their customs destination re-exportation following inward processing or, where  appropriate, processing under customs control, -  are referred to in the second subparagraph of Article 4 (1); (c)  the goods referred to in the third subparagraph of Article 4 (1). 2.  The Commission may adopt supplementary provisions, in accordance with the procedure laid down  in Article 21, to maintain the scope of the provisions referred to in paragraph 1, taking account  of changes in Community customs legislation and of provisions deriving from international  conventions concluded by the Community and its Member States which affect statistics or which have  an impact on statistical matters. Article 7 Without prejudice to Article 23, the Single Administrative Document which, pursuant to  Article 205 of 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  (1),  is used to make the declaration regarding one of the customs-approved treatments or uses referred  to in Article 6, shall be used as the statistical data medium. Article 8 1.  On the statistical data medium, and without prejudice to Article 23, goods shall be  designated by type in accordance with customs legislation. 2.  For each type of goods, mention shall be made, on importation, of the Taric code number  provided for in Article 3 of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the Tariff and  Statistical Nomenclature and the Common Customs Tariff  (2) and, on exportation, of the combined  nomenclature code number. 3.  The goods shall be designated in accordance with paragraphs 1 and 2, even when other Community  legislation requires that they be designated simultaneously in accordance with other  classification. Article 9 1.  Without prejudice to customs legislation or to Article 23, countries shall be  designated on the statistical data medium in such a way as to permit classification in the  nomenclature of countries under the relevant heading which the Commission is introducing, in  accordance with the procedure laid down in Article 21, for statistics on external trade and trade  between Member States. 2.  The code number provided for in the nomenclature of countries referred to in paragraph 1 must  be mentioned for each country. 3.  Member States may dispense with the application of paragraphs 1 and 2 only at the stage of data  collection. Article 10 1.  Without prejudice to the provisions regarding the Single Administrative Document,  for each type of goods classified pursuant to Article 8 (1), the following data shall be given on  the statistical data medium: (a)  either the customs-approved treatment or use, or the statisical procedure; (b)  for the imported goods referred to in Article 6 (1), the country of origin or, in the cases to  be determined by the Commission by the procedure laid down in Article 21, the country of  consignment; (c)  for the exported goods referred to in Article 6 (1) (b), the country of destination; (d)  the quantity of goods, in net mass and in supplementary units; (e)  the statistical value of the goods; (f)  the mode of transport at the frontier; (g)  as from 1 January 1996, the internal mode of transport; (h)  the preference, according to the classification laid down by customs legislation; (i)  the nationality of the means of transport crossing the frontier; (j)  the container. 2.  Without prejudice to customs legislation, the Commission may, in accordance with the procedure  laid down in Article 21, add the following data to the list in paragraph 1, deciding in each case  the date from which it shall be entered on the statistical data medium: (a)  the amount invoiced; (b)  the nature of the transaction; (c)  the delivery terms. 3.  In order to meet national requirements the Member States may require that the following be  entered on the statistical data medium: -  in the case of the goods referred to in Article 6 (1) (a), the Member State of destination, and  in the case of the goods referred to in Article 6 (1) (b), the actual Member State of export, -  data other than those referred to in paragraph 1, insofar as the supply of such data is  compatible with the provisions regarding the Single Administrative Document. 4.  With prejudice to customs legislation, the following shall be decided by the Commission in  accordance with the procedure laid down in Article 21: -  the definition of the data referred to in paragraphs 1 and 2 and the first indent of paragraph   3, -  the rules for entering them on the statistical data medium. Article 11 The Community and its Member States shall compile external trade statistics from the  data referred to in Article 10 (1), pursuant to the provisions adopted by the Commission in  accordance with the procedure laid down in Article 21. Article 12 1.  The statistical threshold shall be defined as the limit expressed in value or net  mass below which results are not compiled. 2.  The statistical threshold shall be fixed by the Commisison in accordance with the procedure  laid down in Article 21. Article 13 1.  Member States shall forward on a monthly basis the monthly statistics on their  trade with non-member countries, compiled as provided for in Article 11, including data declared  confidential pursuant to national legislation or practices governing statistical confidentiality,  in accordance with the provisions of Council Regulation (Euratom, EEC) No 1588/90 of 11 June 1990  on the transmission of data subject to statistical confidentiality to the Statistical Office of the  European Communities  (1). The said Regulation shall govern the confidential treatment of  information. 2.  Where necessary, the technical procedures for such transmission shall be fixed by the  Commission in accordance with the procedure laid down in Article 21. Article 14 The Commission shall compile the results of the external trade statistics of the  Community and of its Member States on the basis of the results transmitted to it by the Member  States and shall make them available to users broken down by Combined Nomenclature subheadings. Article 15 Without prejudice to customs legislation, provisions regarding the simplification of  statistical information shall be adopted by the Commission in accordance with the procedure laid  down in Article 21. CHAPTER III Statistics relating to transit, customs warehouses, free zones and free warehouses  Article 16 1.  The compilation by Member States of the statistics referred to in Articles 17 to  19 shall be optional. 2.  In the absence of harmonization at Community level, Member States' provisions in this respect  shall remain applicable. Article 17 Among the goods referred to in Article 4, those which enter the statistical territory  of a Member State, remain there for some time or are subject to transport-related stoppages before  leaving it under a customs transit procedure shall be covered by transit statistics. Article 18 Among the goods referred to in Article 4, those which are placed under customs  warehouse procedure or for which the said procedure has been discharged pursuant to Regulation  (EEC) No 2913/92 shall be covered by customs warehouse statistics. Article 19 Among the goods referred to in Article 4, those which enter or leave the free zones  and free warehouses pursuant to Regulation (EEC) No 2913/92 shall be covered by free zones and free  warehouse statistics. CHAPTER IV Committee on statistics relating to the trading of goods with third countries  Article 20 1.  A Committee on statistics relating to the trading of goods with third countries  (hereinafter called 'the Committee`) is hereby set up, composed of representatives of the Member  States and chaired by a representative of the Commission. 2.  The Committee shall draw up its rules of procedure. 3.  The Committee may examine any matter relating to the implementation of this Regulation raised  by its Chairman, either on his own initiative or at the request of the representative of a Member  State. Article 21 1.  The measures necessary for the implementation of this Regulation shall be adopted  in accordance with the procedure laid down in paragraphs 2 and 3. 2.  The representative of the Commission shall submit to the Committee a draft of the measures to  be taken. The Committee shall deliver its opinion on the draft within a time-limit which the  Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the  majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is  required to adopt on a proposal from the Commission. The votes of the representatives of the Member  States within the Committee shall be weighted in the manner set out in that Article. The Chairman  shall not vote. 3.  The Commission shall adopt measures which shall apply immediately. However, if these measures  are not in accordance with the opinion of the Committee, they shall be communicated by the  Commission to the Council forthwith. In that event, the Commission may defer application of the measures which it has decided for a  period of not more than one month from the date of such communication. The Council, acting by a qualified majority, may take a different decision within the time-limit  referred to in the second subparagraph. CHAPTER V Final provisions Article 22 1.  The statistical results compiled pursuant to this  Regulation shall be disseminated. However, on a request by the exporter or importer to the  competent national authorities, statistical results that enable him to be identified indirectly  shall not be disseminated or shall be re-arranged so that their dissemination is not prejudicial to  the maintenance of statistical confidentiality. 2.  The measures necessary to ensure uniform standards for the application of paragraph 1 shall be  adopted by the Commission in accordance with the procedure laid down in Article 21. Article 23 1.  In accordance with the procedure laid down in Article 21, the Commission may,  without prejudice to customs legislation, establish simplified data collection procedures creating,  in particular, the conditions for increased use of automatic data processing and electronic data  transmission. 2.  However, Member States' provisions in this field shall continue to apply until the introduction  of the procedures referred to in paragraph 1 or in order to take account of their particular  administrative organization. Article 24 This Regulation shall enter into force on the seventh day following its publication in  the Official Journal of the European Communities. It shall apply from the date of entry into force of the implementing provisions referred to in  Article 21. On that date Regulation (EEC) No 1736/75 and Council Regulation (EEC) No 200/83 of 24  January 1983 on the adaptation of the external trade statistics of the Community to the Directives  concerning the harmonization of procedures for the export of goods and for the release of goods for  free circulation  (1) shall be repealed. References to those Regulations in current Community  legislation shall be understood as being made to this Regulation. This Regulation shall be binding in its entirety and directly applicable in all  Member States. Done at Brussels, 22 May 1995. For the Council The President A. MADELIN