CELEX: 51982PC0161
Language: en
Date: 1982-04-01
Title: Proposal for a COUNCIL REGULATION (EEC) 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 (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
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DOCUMENTS "COM"
COM (82) 161
Vol. 1982/0051
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 ---pagebreak---        COMMISSION OF THE EUROPEAN COMMUNITIES
                                        \  ■
                                                               COM(81)161 final
                                                               Brussels , 1 April 1982
                                          Proposal for a
                                    COUNCIL REGULATION ( EEC )
       on the adaptation of the external trade statistics of the Community to
                                        t
       the Directives concerning the harmonization of procedures for the export
                of goods and for the release of goods for free circulation
                        submitted to the Council by the Commission)
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 ---pagebreak---                                               Explanatory memorandum
V-:A\i.y> .x. ■ -;: iroctive No 79/695/EEC of 2b July 1979 on the harmonization of
pi'o'of-.'uires for the release of goods for free circulation                     , and Council
       r :•.? v:': -/o ?.'o 8l /177/-SC of 2b February 1981 on the harmonization of export
pr,;cf.-dur.;s for Community goods d , will enter into force during 1982 .
H'hvjy                    h*v e re-percussions on the recording of data for Community external
U-ade              tnfj sties each time that the release of goods for free circulation
 ■ ti ;;;. not coincide with their introduction into home use , or when the export
of Community goods outside the customs territory of the Community is
dv.clav i in a Membar State where these goods ha^e been warehoused after
iuiving bfcen sent there from another Member State and without having been
introduced into home use in that State .
In other .vords , each time that a commodity has not been introduced into
home use ir. a pivfcw Member State , its release for free circulation must
actual ";,/ bo accompanied , or its actual export must have been preceded , by
the t\vrrralities necessary for placing the commodity under a customs ware­
house or transit £7 stem . Pursuant to Article 2 , paragraphs 1 and 2 , of
Council Regulation ( EEC ) No 1736/75 of 2b June 1975 on the external trade
                                                                                                (3)
 statistics of the Ocmmunity and statistics of trade between Member States                          ,
a commodity of this kind is included in the transit statistics or in the
warehousing f.i.atistios and , under the terms of paragraph 5 of the same
Article , tr.i-i rules on the collection , processing and publication of data ,
 which arc s^k out la Articles 3 ~ 39 of the above-mentioned regulation and
 ac.fi tic the- -•. ope ci tha existing Community external trade statistics , are
  .0 1                i. cab,', a :o j t .
            :mr . ly ,            / e-r , this com.nodity must be included in the Community 's
                         1l   le statistics , either from the moment it is released for free
    i. rcu'J.a u .          . ,.ic;ce this act has the ef fect of giving the commodity an
idvnti cp.i ci.-.v;i*>m.<3 status to that of products originating in the Member States ,
or at. the " oaior.t of its export , since this latter act constitutes the only
 formal-! ..." vh-' cti prove e that it has in fact left its country of origin for
       ch .; ru              t:\y - 1 - is Ir.irefore important to provide for and make
     « "'0 ■ 20{ - vii:'                        p . 19 .
           -v~; . ;V ;- of y              Ol , p. h G
 ---pagebreak--- compulsory the statistical recording of all declarations of release for
free circulation and all declarations of export lodged in application of
the above-mentioned directives , even if such declarations relate to goods
that are not covered by the provisions of Article 2 , paragraph 5j of
Regulation ( EEC ) No 173&/75 *
This is not , however , to obliterate the distinction between transit
statistics , warehousing statistics and the existing system of Community
external trade statistics , as defined by the above Article 2 .  In addition ,
this Article relates just as much to goods that are included in the
statistics of trade between Member States .   Rather than amend these complex
provisions , it would seem preferable that the extension of the field of
application of the rules set out in Articles 3 ~ 39 of Regulation ( EEC )
No 1736/73 sho\ild be expressly provided for in a special regulation covering
only those cases which , as they arise from new customs directives , fail
outside the scope of the general rule .
Moreover , the details given in this proposal on the Community statistical
territory and inward processing arrangements are necessary in order to
keep the processing of statistical information within the framework of
Articles 3 and 8 of Regulation ( EEC ) No 1736/ 75 •
 ---pagebreak---                            Proposal for a
                      COUNCIL REGULATION ( EEC )
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
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic Community ,
and in particular Article 235 thereof .
                            i
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament ,
Whereas on importation all goods released for free circulation in the
statistical territory of the Community are included in the external trade
statistics of the Community ;
Whereas in the interests of the completeness of the external trade statistics
of the Community it is therefore necessary to ensure that all goods released
 for free circulation in the statistical territory of the Community are
 recorded , even if they are not simultaneously released for home use ;
 ---pagebreak--- Whereas Council Directive 79/ 695 / EEC of 24 July 1979 on the harmonization of
                                                           1
procedures for the release of goods for free circulation     enables goods to be
entered separately for free circulation and for home use ;
Whereas goods released for free circulation may , however , include goods which
have previously been subject to the inward processing customs procedure and
have thus already been included in the external tVade statistics of the
Community under the corresponding statistical procedure ; whereas it is important
to ensure that in those statistics such goods are not referred to again in
accordance with the rules given in Articles 3 to 39 of Council Regulation ( EEC )
No 1736/ 75 of 24 June 1975 on the external trade statistics of the Community
                                                2
and statistics of trade between Member States ;
Whereas all goods within the meaning of Article 9 ( 2 ) of the Treaty which leave
the statistical territory of the Community definitively are included in the
external trade statistics of the Community ;
Whereas in the interests of the completeness of the external trade statistics
of the Community it is therefore necessary to ensure that all such goods which
 leave the statistical territory of the Community definitively are recorded , even
if the declaration of exportation from the customs territory of the Community is
 lodged in a Member State to which the goods were initially forwarded from another
Member State ;
Whereas Council Directive 81 / 177/ EEC of 24 February 1981 on the harmonization
of procedures for the export of Community goods 3 requires that at the moment of
export from the customs territory of the Community an export declaration be
 lodged at a competent customs office ; whereas this office may be situated in a
Member State to which the goods were initially forwarded from another Member State ,
  OJ No L 205 of 13.8.1979, p. 19
20J No L 183 of 14.7.1975, p. 3
30J No L 83 of 30.3.1981 , p. 40
 ---pagebreak---                                      - 3 -
                              ♦
HAS ADOPTED THIS REGULATION :
                                  Article 1
'"or ihe purposes of the external trade statistics of the Community , the
following sia-l be treated in accordance with the rules laid down in Articles
3 to 39 of Regulation ( EEC ) No 1736/ 75 :
 a ) on importation , goods entering or having entered the statistical territory
     of the Community , at the time they are declared for free circulation in
     accordance with the measures adopted by the Member States for the purpose
     of implementing Directive 79 / 695 / EEC , with the exception of goods having
     previously been subject to the inward processing procedure ;
 b ) on exportation , goods leaving or about to leave the statistical territory
     of the Community , at the time they are declared for exportation from the
      customs territory of the. Community in accordance with the measures adopted
         the Member States for the purpose of implementing Directive 81 / 177/ EEC ,
  even if these goods are not referred to in Article 2 ( 5 ) of the above Regulation .
                                   Article 2
  Tms Regulation shall enter into force on the day of its publication in the
  Official Journal of the European Communities . It shall apply, from 1 July 1982 ,
  to the goods referred to in Article 1 ( a ) and, from 1 January 1983, to the goods
  referred to in Article 1 ( b )*
  This Regulation shall be binding in its entirety and directly applicable in all
  Member States .
  Done at
                                                      for the Council
                                                       The President
                          /