CELEX: 31975R3065
Language: en
Date: 1975-11-24 00:00:00
Title: Regulation (EEC) No 3065/75 of the Council of 24 November 1975 amending Council Regulation (EEC) No 1445/72 concerning the nomenclature of goods for the external trade statistics of the Community and statistics of trade between Member States (NIMEXE)

27 . 11 . 75                          Official Journal of the European Communities                               No L 307/ 1
                                                              I
                                            (Acts whose publication is obligatory)
                              REGULATION (EEC) No 3065/75 OF THE COUNCIL
                                                   of 24 November 1975
              amending Council Regulation (EEC) No 1445/72 concerning the nomenclature
              of goods for the external trade statistics of the Community and statistics of
                                       trade between Member States (NIMEXE)
THE COUNCIL OF THE EUROPEAN                                       Whereas       statistical   subdivisions   introduced   for
COMMUNITIES,                                                      national purposes should not be allowed to diverge in
                                                                  a way which might hinder the proper development of
Having regard to the Treaty establishing the European             NIMEXE ; whereas, therefore, these national require­
Economic Community, and in particular Article 235                 ments should be satisfied as far as possible by means
thereof ;                                                         of optional items in NIMEXE :
Having regard to the proposal from the Commission ;               Whereas Member States should still be permitted to
                                                                  collect national data where their requirements are too
Having regard to the Opinion of the European Parlia­              specific to be taken account of in NIMEXE and where
ment ( J ) ;                                                      measures taken to this end do not hinder the develop­
                                                                  ment of the latter,
Whereas Council Regulation (EEC) No 1445/72 (2) of
24 April 1972 concerning the nomenclature of goods
for the external trade statistics of the Community and
statistics of trade between Member States (NIMEXE)                HAS ADOPTED THIS REGULATION :
stipulates in Article 2 (2) that the Council, acting unan­
imously on a proposal from the Commission, shall lay
down detailed rules for the application of NIMEXE by                                         Article 1
the Member States ; whereas amendments to certain
provisions of the abovementioned Regulation should
be made in fixing these rules in order to take account            Article 2 of Regulation (EEC) No 1445/72 shall be
of the experience gained since the entry into force of            replaced by the following :
the abovementioned Regulation ;                                       'Article 2
Whereas only through the application in its entirety
of NIMEXE by the Community and its Member                             1.    NIMEXE shall be used by the Community
States can the objectives set out in Regulation (EEC)                 and by the Member States for statistics relating to
No 1445/72 be attained effectively and within a                       the external trade of the Community and to trade
                                                                      between Member States .
reasonable period, providing the implications of any
changes to NIMEXE would be covered by available
funds ;                                                               2. Use of the headings included in NIMEXE in
                                                                      accordance with the third indent of Article 5 ( 1 ) is
Whereas the application in its entirety of NIMEXE                     optional .
will assist the negotiations which the Commission and
the Member States are to conduct in the Customs                       3.    Member        States  may    continue   until  31
Cooperation Council to establish a harmonized                         December 1977 to use their national nomencla­
commodity description and coding system for interna­                  tures for statistics relating to the external trade of
tional trade and in the United Nations to establish a                 the Community and to trade between Member
nomenclature of all goods and services ;                              States . In that case they must, however, ensure that
                                                                      each heading of their national nomenclature is
(>) OJ No C 140, 13. 11 . 1974, p. 68 .                               transposable into the appropriate NIMEXE
(2) OJ No L 161 , 17. 7. 1972, p. 1 .                                 heading.
 ---pagebreak--- No L 307/2                            Official Journal of the European Communities                              27 . 11 . 75
      4.     By derogation from paragraphs 1 , 2 and 3,                                   Article 4
      Belgium, Luxembourg and the Netherlands need
      not apply NIMEXE when drawing up statistics on             Preliminary provisions 1 and 2 of NIMEXE shall be
      their mutual trade .'                                      replaced by the following :
                                                                     ' 1 . The NIMEXE headings correspond either to
                            Article 2                                headings of the nomenclature for the classification
                                                                     of goods in customs tariffs (Brussels Nomenclature
The following third indent shall be added to Article 5               or BTN) or subheadings of the Common Customs
( 1 ) of Regulation (EEC) No 1445/72 :                               Tariff nomenclature (CCT), in so far as these have
      '— the inclusion in NIMEXE of statistical subdivi­             not been grouped together or replaced by statis­
           sions introduced for national purposes which              tical subdivisions , or to statistical subdivisions of
           will at the same time facilitate the correlation          headings of the BTN or of subheadings of the
           or adaptation referred to in the second indent.'          nomenclature of the CCT. In addition , certain
                                                                     items which do not so correspond have been intro­
                            Article 3                                duced for specific purposes (for example, goods
                                                                     carried by post, goods declared as ships' stores,
Article 6 of Regulation (EEC) No 1445/72 shall be                    etc .).
replaced by the following :
                                                                     The application of some of the NIMEXE headings
      'Article 6                                                     which correspond to statistical subdivisions or
                                                                     have been introduced for specific purposes is
       1 . Without prejudice to Article 5, Member                    optional .
      States may continue to use the statistical subdivi­
      sions introduced for national purposes already in              2.      Each NIMEXE heading comprises a code
      use on the date on which this Regulation enters                number, a text and, where appropriate, a supple­
      into force , and shall forward a list thereof to the           mentary unit. However, the optional NIMEXE
      Commission within three months of the date .                   headings have no code numbers.'
      2.     Each Member State may amend or delete the                                    Article 5
      statistical subdivision referred to in paragraph 1 or
      adopt further subdivisions for national purposes           In the German version of preliminary provisions 3
      provided it informs the Commission thereof                and 5 of NIMEXE the word 'Warennummer' shall be
      within not less than one month before the entry            replaced by the word 'Warenposition'.
      into force of the proposed measure .
                                                                                          Article 6
      3.     Should the Commission envisage including
      in NIMEXE , the statistical subdivisions referred to      This Regulation shall enter into force on the third day
      in paragraphs 1 and 2, it will refer the matter to         following its publication in the Official Journal of
      the Committee in accordance with Article 5 (2).'           the European Communities.
                 This Regulation shall be binding in its entirety and directly applicable in all Member
                 States .
                  Done at Brussels, 24 November 1975 .
                                                                               For the Council
                                                                                The President
                                                                                B. VISENTINI