CELEX: 51987PC0308
Language: en
Date: 1987-06-30
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE APPLICATION OF THE COMBINED NOMENCLATURE TO THE STATISTICS OF TRADE BETWEEN MEMBER STATES AND AMENDING REGULATION ( EEC ) NO 1736/75 ON THE EXTERNAL TRADE STATISTICS OF THE COMMUNITY AND STATISTICS OF TRADE BETWEEN MEMBER STATES

No C 185/4                                     Official Journal of the European Communities                                  15.7.87
                                                                      II
                                                              (Preparatory Acts)
                                                        COMMISSION
                 Proposal for a Council Regulation on the application of the Combined Nomenclature to the
                 statistics of trade between Member States and amending Regulation (EEC) No 1736/75 on the
                      external trade statistics of the Community and statistics of trade between Member States
                                                             COM(87) 308 final
                                        (Submitted by the Commission to the Council on 2 July 1987)
                                                               (87/C 185/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                  Whereas the repeal of Regulation (EEC) No 1445/72
                                                                          must be accompanied by the adaptation of certain
                                                                          provisions in Council Regulation (EEC) No 1736/75 (2),
Having regard to the Treaty establishing the European                     as last amended by Commission Regulation (EEC) No
Economic Community, and in particular Article 235                         3396/84 O ;
thereof;
                                                                          Whereas it is appropriate that steps be taken at the same
                                                                          time to lay down the Member States' obligations
Having regard to the proposal from the Commission,
                                                                          regarding the breakdown, in accordance with the
                                                                          integrated customs tariff of the European Communities
Having regard to the opinion of the European Par-                         (TARIC) established under Regulation (EEC) No 0000/
liament,                                                                  1987, of the statistics which they forward to the
                                                                          Commission on their imports from non-member
                                                                          countries,
Whereas Council Regulation (EEC) No 0000/87 of
          1987 on the tariff and statistical nomenclature                 HAS ADOPTED THIS REGULATION:
and the common customs tariff established a
nomenclature of goods known as the 'Combined
Nomenclature' (CN) which, inter alia, meets the                                                      Article 1
requirements of the Community's system of external                        The Combined Nomenclature (CN) introduced by Regu-
trade statistics; whereas the Combined Nomenclature is                    lation (EEC) No 0000/87 shall be applied by the
to be applied by the Community and its Member States                      Community and the Member States to the statistics of
to these statistics;                                                      trade between Member States.
Whereas it is advisable, in particular for reasons of                                                Article 2
comparability, that the external trade statistics of the
                                                                          Regulation (EEC) No 1736/75 is hereby amended as
Community and the statistics of trade between Member
                                                                          follows:
States be compiled using the same nomenclature;
whereas it is therefore necessary that the Community
                                                                           1. Article 5 is replaced by the following:
and its Member States also apply the CN to the latter
statistics;                                                                    Article 5
                                                                              1.     In the statistical information medium, goods
Whereas the application of the C N both to the external                       shall be designated using the description laid down in
trade statistics of the Community and to the statistics of                    the provisions concerning trade in goods in such a
trade between Member States renders inapplicable                              way that, without prejudice to paragraph 2, they may
Council Regulation (EEC) N o 1445/72 on the                                   be easily and accurately classified under the appro-
nomenclature of goods for the external trade statistics of                    priate subheading of the Combined Nomenclature
the Community and statistics of trade between Member                          (CN) introduced by Council Regulation (EEC) No
States (NIMEXE) ('); whereas the said Regulation should                       0000/87.
therefore be repealed;
                                                                          (2) OJ No L 183, 14. 7. 1975, p. 3.
(') O J N 0 L I 6 I , 17.7. 1972, p. 1.                                   (») OJ No L 314, 4. 12. 1984, p. 10.
 ---pagebreak--- 15.7.87                                  Official Journal of the European Communities                                No C 185/5
   2.     The goods must be designated in accordance                   However, the results compiled using the code referred
   with paragraph 1, even when other Community regu-                   to in Article 3 (4) of Regulation (EEC) No 0000/87
   lations require them to be designated at the same time              may be forwarded in a separate return and be
   in accordance with other nomenclatures.                             prepared by a national department different from that
                                                                       responsible for compiling results using the code
   3.      For each type of goods, the eight-digit code laid           referred to in Article 3 (3) of the said Regulation.
   down in the Combined Nomenclature must be given.'
                                                                       2.     The following shall be regulated as necessary
2. In Article 7 (1), the phrase T o r each heading of the              pursuant to Article 41:
   NIMEXE' is replaced by the following: 'Without                      — forwarding arrangements, including — for the
   prejudice to Article 5(1) and (2) of Regulation (EEC)                    data referred to in the second subparagraph of
   N o 0000/87, for each subheading of the Combined                         Article 22 (1) and for the separate return drawn
   Nomenclature'.                                                           up in accordance with the second subparagraph of
                                                                            paragraph 1 above — the reference period,
3. In Article 11 (a), second indent, the words 'in                          periodicity, forwarding interval and, where appro-
   Chapter 99 of the NIMEXE' are replaced by the                            priate, the conditions for their compilation;
   following: 'in Chapter 97 of the Combined                           — the provision of separate results.'
   Nomenclature'.
                                                                    7. In Article 39 (3) (a), the words 'the analytical tables
4. Article 34 is replaced by the following:                            based on the NIMEXE' are replaced by the following:
                                                                       'the analytical tables based on the Combined
    'Article 34                                                        Nomenclature'.
   The data referred to in the first subparagraph of                8. Articles 40 and 41 are replaced by the following:
   Article 22 (1) shall be compiled:
                                                                        Article 40
   (a) in the case of exports to non-member countries
         and of trade between Member States, on the basis
                                                                       1.     A "Committee for External Trade Statistics",
         of the subheadings in the current version of the
                                                                       referred to hereinafter as the "Committee", shall be
         Combined Nomenclature, in accordance with
                                                                       set up to administer the methodology employed for
        Article 12 of Regulation (EEC) No 0000/87;
                                                                       the external trade statistics of the Community and
                                                                       statistics of trade between Member States; it shall be
   (b) in the case of imports from non-member
                                                                       composed of representatives of the Member States
         countries, on the basis of the TARIC subheadings,
                                                                       and chaired by a representative of the Commission.
         as defined in Article 2 of the said Regulation,
        using for this purpose the codes referred to in
        Article 3 (3) and (4) of the said Regulation.                  2.     The Committee shall draw up its rules of
                                                                       procedure.
   However, this Article shall apply without prejudice to
   Articles 5 (4) and 13 of Regulation (EEC) No 0000/                  3.     The Committee may examine any question
   87.'                                                                relating to the application of this Regulation which is
                                                                       raised by its Chairman, either on his own initiative or
                                                                       at the request of the representative of a Member
5. Article 36 is replaced by the following:                            State.
    'Article 36
                                                                       Article 41
   the Commission shall publish in the Official Journal
   of the European           Communities       the    country          1.     The necessary provisions shall be adopted in
   nomenclature for the external trade statistics of the               accordance with the procedure set out in paragraphs 2
   Community and statistics of trade between Member                    and 3 below for
   States in the version applying on 1 January of each                 (a) the application of this Regulation,
   year, as it results from the decisions taken pursuant to            (b) the annual up-dating of the country nomenclature
   Article 41.'                                                             for the external trade statistics of the Community
                                                                            and statistics of trade between Member States.
6. Article 38 (1) and (2) are replaced by the following:
                                                                       2.     The Chairman shall submit to the Committee a
   '1.     Member States shall forward to the Commission               draft of any measures to be taken. The Committee
   without delay, and no later than six weeks from the                 shall express its opinion on this draft within a period
   end of the reference month, the cumulative monthly                  which the Chairman may determine according to the
   results of their external trade statistics. These results           urgency of the matter in question. It shall express an
   shall give the data listed in the first subparagraph of             opinion in accordance with the majority system set
   Article 22 (1), compiled in accordance with Article 34.             out in Article 148 (2) of the Treaty for the adoption
                                                                                                            /
 ---pagebreak--- No C 185/6                          Official Journal of the European Communities                                 15.7.87
  of decisions which the Council is called upon to take           4.    The Council, acting by qualified majority, may
  on a proposal from the Commission. When voting                  take a different decision during this two-month
  takes place within the Committee, the votes of the              period.5
  representatives of the Member States shall be
  weighted in the manner stipulated in the said Article.
  The Chairman shall not vote.                                                            Article 3
                                                               Regulation (EEC) No 1445/72 is hereby repealed.
  3.   The Commission shall adopt measures with
  immediate effect. However, if these measures are at
  variance with the opinion expressed by the                                              Article 4
  Committee,     the   Commission     shall    at   once
  communicate them to the Council. In such cases, the          This Regulation shall enter into force on 1 January 1988.
  Commission may postpone the implementation of the
  measures which it has decided on for a maximum of            This Regulation shall be binding in its entirety and
  two months from the date of the communication.               directly applicable in all Member States.