11.11.1987 EN Official Journal of the European Communities L 321/3
COUNCIL REGULATION (EEC) No 3367/87
of 9 November 1987
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 its Member States
THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Whereas Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (3) established a nomenclature of goods known as the ‘Combined Nomenclature’ (CN) which, inter alia, meets the requirements of the Community's system of external trade statistics; whereas the Combined Nomenclature is applied by the Community and its Member States to these statistics;
Whereas it is advisable, in particular for reasons of comparability, that the external trade statistics of the Community and the statistics of trade between Member States be compiled using the same nomenclature; whereas it is therefore necessary that the Community and its Member States also apply the Combined Nomenclature to the latter statistics;
Whereas the application of the Combined Nomenclature both to the external trade statistics of the Community and to the statistics of trade between Member States renders nugatory Council Regulation (EEC) No 1445/72 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Community and statistics of trade between Member States (NIMEXE) (4); whereas the said Regulation should therefore be repealed;
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 of 24 June 1975 on the external trade statistics of the Community and statistics of trade between Member States (5) as last amended by Regulation (EEC) No 3396/84 (6);
Whereas it is appropriate to allow Member States to create national statistical subdivisions;
Whereas it is appropriate that steps be taken at the same time to lay down the Member States's obligations regarding the breakdown, in accordance with the integrated customs tariff of the European Communities (TARIC) established under Regulation (EEC) No 2658/87, of the statistics which they forward to the Commission on their imports from non-member countries,
1.   The Combined Nomenclature (CN) introduced by Regulation (EEC) No 2658/87 shall be applied by the Community and the Member States to the statistics of trade between Member States.
2.   Member States may, under the CN subheadings, within the meaning of Article 1 (2) (b) of Regulation (EEC) No 2658/87, introduce subdivisions in line with national statistical requirements. They shall, in compliance with Commission Regulation (EEC) No 2793/86 of 22 July 1986 laying down the codes to be used in the forms laid down in Council Regulations (EEC) No 678/85, (EEC) No 1900/85 and (EEC) No 222/77 (7), accompany these subdivisions with identifying number codes by means of a ninth digit reserved for the purpose.
Regulation (EEC) No 1736/75 is hereby amended as follows:
1. Article 5 is replaced by the following:
2. In Article 7(1), ‘For each heading of the NIMEXE,’ is replaced by: ‘Without prejudice to Article 5 (1) and (2) of Regulation (EEC) No 2658/87, for each CN subheading,’.
3. In Article 11 (a) second indent, ‘in Chapter 99 of the NIMEXE’ is replaced by: ‘in Chapter 97 of the Combined Nomenclature’.
4. Article 34 is replaced by the following:
(a) in the case of exports to non-member countries and of trade between Member States, on the basis of the CN subheadings in the current version of the Combined Nomenclature, in accordance with Article 12 of Regulation (EEC) No 2658/87;
(b) in the case of imports from non-member countries, on the basis of the TARIC subheadings, 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.
5. Article 36 is replaced by the following:
6. Article 38 (1) and (2) is replaced by the following:
‘1. Member States shall forward to the Commission without delay, and no later than six weeks from the end of the reference month, the cumulative monthly results of their external trade statistics. These results shall give the data listed in Article 22 (1), compiled in accordance with Article 34.
2. The following shall be regulated, as necessary, pursuant to the procedure referred to in Article 41:
— forwarding arrangements, including — for the separate return drawn up in accordance with the second subparagraph of paragraph 1 — the reference period, periodicity, forwarding interval and, where appropriate, the conditions for their compilation for forwarding purposes,
— the provision of specific results.’
7. In Article 39 (3) (a), ‘the analytical tables based on the NIMEXE’ is replaced by ‘the analytical tables based on the Combined Nomenclature’.
8. Articles 40 and 41 are replaced by the following:
(a) the application of this Regulation,
(b) the annual up-dating of the country nomenclature for the external trade statistics of the Community and statistics of trade between Member States.
Regulation (EEC) No 1445/72 is hereby repealed.
This Regulation shall enter into force on 1 January 1988.
This Regulation shall be binding in its entirety and directly applicable in all Member States.