CELEX: 
Language: en
Date: 2016-06-09
Title: Position of the Council at first reading with a view to the adoption of a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 471/2009 on Community statistics relating to external trade with non-member countries as regards the conferral of delegated and implementing powers on the Commission for the adoption of certain measures

Council of the
                 European Union
                                                            Brussels, 9 June 2016
                                                            (OR. en)
                                                            8536/16
       Interinstitutional File:
          2013/0279 (COD)
                                                            STATIS 22
                                                            COMPET 200
                                                            UD 92
                                                            CODEC 573
LEGISLATIVE ACTS AND OTHER INSTRUMENTS
Subject:            Position of the Council at first reading with a view to the adoption of a
                    REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE
                    COUNCIL amending Regulation (EC) No 471/2009 on Community
                    statistics relating to external trade with non-member countries as regards
                    the conferral of delegated and implementing powers on the Commission for
                    the adoption of certain measures
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 ---pagebreak---                                     REGULATION (EU) 2016/…
                OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
                                                  of …
                amending Regulation (EC) No 471/2009 on Community statistics
                       relating to external trade with non-member countries
                 as regards the conferral of delegated and implementing powers
                     on the Commission for the adoption of certain measures
                                      (Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular
Article 338(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure 1,
1
        Position of the European Parliament of …(not yet published in the Official Journal) and
        decision of the Council of ….
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 ---pagebreak--- Whereas:
(1)     As a consequence of the entry into force of the Treaty on the Functioning of the European
        Union (the "Treaty"), the powers conferred on the Commission should be aligned with
        Articles 290 and 291 of the Treaty.
(2)     In light of the adoption of Regulation (EU) No 182/2011 of the European Parliament and
        of the Council 1, the Commission has committed itself, by means of a Statement 2, to
        reviewing, in light of the criteria laid down in the Treaty, legislative acts which currently
        contain references to the regulatory procedure with scrutiny.
(3)     Regulation (EC) No 471/2009 of the European Parliament and of the Council 3 confers
        powers on the Commission in order to implement some of the provisions of that
        Regulation.
(4)     In order to align Regulation (EC) No 471/2009 with Articles 290 and 291 of the Treaty,
        implementing powers conferred on the Commission by that Regulation should be replaced
        by powers to adopt delegated and implementing acts.
1
      Regulation (EU) No 182/2011 of the European Parliament and of the Council of
      16 February 2011 laying down the rules and general principles concerning mechanisms for
      control by Member States of the Commission's exercise of implementing powers (OJ L 55,
      28.2.2011, p. 13).
2
      OJ L 55, 28.2.2011, p. 19.
3
      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 countries and repealing
      Council Regulation (EC) No 1172/95 (OJ L 152, 16.6.2009, p. 23).
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 ---pagebreak--- (5)     In order to take account of changes in the Customs Code or provisions deriving from
        international conventions, changes necessary for methodological reasons and the need to
        set up an efficient system for the collection of data and the compilation of statistics, the
        power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the
        Commission in respect of:
        –     the adaptation of the list of customs procedures or customs-approved treatment or
              use;
        –     specific goods or movements and different or specific provisions applicable to them;
        –     the exclusion of goods or movements from external trade statistics;
        –     the data collection referred to in Article 4(2) and (4) of Regulation (EC)
              No 471/2009;
        –     the further specification of the statistical data;
        –     the requirement for limited sets of data for the specific goods or movements referred
              to in Article 3(3) of Regulation (EC) No 471/2009, and data provided in accordance
              with Article 4(2) of that Regulation;
        –     the level of aggregation for partner countries, goods and currencies for statistics on
              trade by invoicing currency.
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                                                DGG 3B                                             EN
 ---pagebreak---         It is of particular importance that the Commission carry out appropriate consultations
        during its preparatory work, including at expert level, and that those consultations be
        conducted in accordance with the principles laid down in the Interinstitutional Agreement
        of 13 April 2016 on Better Law-Making 1. In particular, to ensure equal participation in the
        preparation of delegated acts, the European Parliament and the Council receive all
        documents at the same time as Member States' experts, and their experts systematically
        have access to meetings of Commission expert groups dealing with the preparation of
        delegated acts.
(6)     The Commission should ensure that those delegated acts do not impose a significant
        additional burden on the Member States or on the respondents and that they remain as
        economical as possible.
(7)     In order to ensure uniform conditions for the implementation of Regulation (EC)
        No 471/2009, implementing powers should be conferred on the Commission enabling it to
        adopt measures relating to:
        –      the codes and their format to be used in respect of the data referred to in Article 5(1)
               of that Regulation;
        –      the linking of the data on business characteristics with data recorded in accordance
               with that Article; and
        –      the uniform content and coverage of transmitted statistics.
        Those powers should be exercised in accordance with Regulation (EU) No 182/2011.
1
      OJ L 123, 12.5.2016, p. 1.
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 ---pagebreak--- (8)     The Committee on statistics relating to the trading of goods with non-member countries
        ("Extrastat Committee"), referred to in Article 11 of Regulation (EC) No 471/2009, has
        provided advice to and assisted the Commission in the exercise of its implementing
        powers. Under the strategy for a new European Statistical System ("ESS") structure aimed
        at improving coordination and partnership in a clear pyramid structure within the ESS, the
        European Statistical System Committee ("ESSC"), established by Regulation (EC)
        No 223/2009 of the European Parliament and of the Council 1, should have an advisory role
        and assist the Commission in exercising its implementing powers. To that effect,
        Regulation (EC) No 471/2009 should be amended by replacing the reference to the
        Extrastat Committee with a reference to the ESSC.
(9)     To ensure legal certainty, procedures for adopting measures that have been initiated but not
        completed before the entry into force of this Regulation are not affected by this Regulation.
(10)    Regulation (EC) No 471/2009 should therefore be amended accordingly,
HAVE ADOPTED THIS REGULATION:
1
      Regulation (EC) No 223/2009 of the European Parliament and of the Council of
      11 March 2009 on European statistics and repealing Regulation (EC, Euratom)
      No 1101/2008 of the European Parliament and of the Council on the transmission of data
      subject to statistical confidentiality to the Statistical Office of the European Communities,
      Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision
      89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the
      European Communities (OJ L 87, 31.3.2009, p. 164).
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 ---pagebreak---                                                Article 1
Regulation (EC) No 471/2009 is amended as follows:
(1)     Article 3 is amended as follows:
        (a)   paragraph 2 is replaced by the following:
              '2.    In order to take account of changes in the Customs Code and provisions
                     deriving from international conventions, the Commission is empowered to
                     adopt delegated acts in accordance with Article 10a adapting the list of customs
                     procedures or customs-approved treatment or use referred to in the second
                     subparagraph of paragraph 1 of this Article.';
        (b)   in paragraph 3, the second subparagraph is replaced by the following:
              'The Commission is empowered to adopt delegated acts in accordance with
              Article 10a relating to specific goods or movements and to different or specific
              provisions applicable to them.';
        (c)   in paragraph 4, the second subparagraph is replaced by the following:
              'The Commission is empowered to adopt delegated acts in accordance with
              Article 10a relating to the exclusion of goods or movements from external trade
              statistics.';
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 ---pagebreak---         (d)   the following paragraph is added:
              '5.    When exercising the powers delegated in paragraphs 2, 3 and 4, the
                     Commission shall ensure that the delegated acts do not impose a significant
                     additional burden on the Member States or on the respondents.'.
(2)     In Article 4, paragraph 5 is replaced by the following:
        '5.   The Commission is empowered to adopt delegated acts in accordance with
              Article 10a relating to the data collection referred to in paragraphs 2 and 4 of this
              Article. When exercising those powers, the Commission shall ensure that the
              delegated acts do not impose a significant additional burden on the Member States or
              on the respondents.'.
(3)     Article 5 is amended as follows:
        (a)   paragraph 2 is replaced by the following:
              '2.    The Commission is empowered to adopt delegated acts in accordance with
                     Article 10a relating to further specification of the data referred to in
                     paragraph 1 of this Article.
              2a.    The Commission shall adopt, by means of implementing acts, measures
                     relating to the codes and their format to be used in respect of the data referred
                     to in paragraph 1 of this Article.
                     Those implementing acts shall be adopted in accordance with the examination
                     procedure referred to in Article 11(2).';
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 ---pagebreak---         (b)   in paragraph 4, the second subparagraph is replaced by the following:
              'The Commission is empowered to adopt delegated acts in accordance with
              Article 10a relating to those limited sets of data.';
        (c)   the following paragraph is added:
              '5.    When exercising the powers delegated in paragraphs 2 and 4, the Commission
                     shall ensure that the delegated acts do not impose a significant additional
                     burden on the Member States or on the respondents.'.
(4)     Article 6 is amended as follows:
        (a)   in paragraph 2, the third subparagraph is replaced by the following:
              'The Commission shall adopt, by means of implementing acts, measures relating to
              the linking of the data and the statistics to be compiled.
              Those implementing acts shall be adopted in accordance with the examination
              procedure referred to in Article 11(2).';
        (b)   paragraph 3 is replaced by the following:
              '3.    Every two years Member States shall compile annual statistics on trade broken
                     down by invoicing currency.
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 ---pagebreak---                      Member States shall compile the statistics using a representative sample of
                     records on imports and exports from customs declarations which contain the
                     data on the invoicing currency. If the invoicing currency for exports is not
                     available on the customs declaration, a survey shall be carried out to collect the
                     required data.
                     The Commission is empowered to adopt delegated acts in accordance with
                     Article 10a relating to the level of aggregation for partner countries, goods and
                     currencies. When exercising those powers, the Commission shall ensure that
                     the delegated acts do not impose a significant additional burden on the Member
                     States or on the respondents.'.
(5)     Article 8 is amended as follows:
        (a)   paragraph 1 is replaced by the following:
              '1.    Member States shall transmit to the Commission (Eurostat) the statistics
                     referred to in Article 6(1) no later than 40 days after the end of each monthly
                     reference period. Member States shall ensure that the statistics contain
                     information on all imports and exports in the reference period in question,
                     making adjustments where records are not available.
                     Where the statistics transmitted are subject to revisions, Member States shall
                     transmit the revised results no later than the last day of the month following the
                     date on which the revised data became available.
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 ---pagebreak---                      Member States shall include in the results transmitted to the Commission
                     (Eurostat) any statistical information which is confidential.
                     The Commission shall adopt, by means of implementing acts, measures
                     relating to the uniform technical specifications for the content and coverage of
                     the transmitted statistics. Those implementing acts shall be adopted in
                     accordance with the examination procedure referred to in Article 11(2).';
        (b)    paragraph 2 is replaced by the following:
               '2.   The statistics on trade by business characteristics referred to in Article 6(2)
                     shall be transmitted to the Commission (Eurostat) within 18 months of the end
                     of the reference year.
                     The statistics on trade broken down by invoicing currency referred to in
                     Article 6(3) shall be transmitted to the Commission (Eurostat) within three
                     months of the end of the reference year.'.
(6)     The following Article is inserted:
        'Article 10a
        Exercise of the delegation
        1.     The power to adopt delegated acts is conferred on the Commission subject to the
               conditions laid down in this Article.
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 ---pagebreak---         2. The power to adopt delegated acts referred to in Articles 3(2), (3) and (4), 4(5), 5(2)
           and (4), and 6(3) shall be conferred on the Commission for a period of five years
           from ...[date of entry into force of this amending Regulation]. The Commission shall
           draw up a report in respect of the delegation of power not later than nine months
           before the end of the five-year period. The delegation of power shall be tacitly
           extended for periods of an identical duration, unless the European Parliament or the
           Council opposes such extension not later than three months before the end of each
           period.
        3. The delegation of power referred to in Articles 3(2), (3) and (4), 4(5), 5(2) and (4),
           and 6(3) may be revoked at any time by the European Parliament or by the Council.
           A decision to revoke shall put an end to the delegation of the power specified in that
           decision. It shall take effect the day following the publication of the decision in the
           Official Journal of the European Union or at a later date specified therein. It shall not
           affect the validity of any delegated acts already in force.
        4. Before adopting a delegated act, the Commission shall consult experts designated by
           each Member State in accordance with the principles laid down in the
           Interinstitutional Agreement of 13 April 2016 on Better Law-Making(*).
        5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to
           the European Parliament and to the Council.
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 ---pagebreak---         6.     A delegated act adopted pursuant to Articles 3(2), (3) and (4), 4(5), 5(2) and (4),
               and 6(3) shall enter into force only if no objection has been expressed either by the
               European Parliament or the Council within a period of three months of notification of
               that act to the European Parliament and the Council or if, before the expiry of that
               period, the European Parliament and the Council have both informed the
               Commission that they will not object. That period shall be extended by three months
               at the initiative of the European Parliament or of the Council.
        ________________________
        (*) OJ L 123, 12.5.2016, p. 1.'.
(7)     Article 11 is replaced by the following:
        'Article 11
        Committee procedure
        1.     The Commission shall be assisted by the European Statistical System Committee
               established by Regulation (EC) No 223/2009. That committee shall be a committee
               within the meaning of Regulation (EU) No 182/2011 of the European Parliament and
               of the Council (*).
        2.     Where reference is made to this paragraph, Article 5 of Regulation (EU) No
               182/2011 shall apply.
        _____________________
        (*) Regulation (EU) No 182/2011 of the European Parliament and of the Council of
               16 February 2011 laying down the rules and general principles concerning
               mechanisms for control by Member States of the Commission's exercise of
               implementing powers (OJ L 55, 28.2.2011, p. 13).'.
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 ---pagebreak---                                                 Article 2
This Regulation shall not affect the procedures for the adoption of measures provided for in
Regulation (EC) No 471/2009 that have been initiated but not completed before the entry into force
of this Regulation.
                                                Article 3
This Regulation shall enter into force on the twentieth day following that of its publication in the
Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at …,
For the European Parliament                                  For the Council
The President                                                The President
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