11.11.1987   

EN

Official Journal of the European Communities

L 321/3

1.

Article 5 is replaced by the following:

‘Article 5

1.   In the statistical information medium, goods shall be described according to the description laid down in the provisions concerning trade in goods in such a way that, without prejudice to paragraph 2, they may be easily and accurately classified under the appropriate subheading of the Combined Nomenclature (CN) introduced by Council Regulation (EEC) No 2658/87 (8).

2.   The goods must be described in accordance with paragraph 1, even when other Community regulations require them to be described at the same time in accordance with other nomenclatures.

3.   For each type of goods, the eight-digit code laid down in the Combined Nomenclature must be given.

(8)  OJ No L 256, 7. 9. 1987, p. 1.’"

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:

‘Article 34

The data referred to in Article 22 (1) shall be compiled:

However, these provisions shall apply without prejudice to Articles 5(4) and 13 of Regulation (EEC) No 2658/87.’

5.

Article 36 is replaced by the following:

‘ Article 36

The Commission shall publish in the Official Journal of the European Communities the country nomenclature for the external trade statistics of the Community and statistics of trade between Member States in the version applying on 1 January of each year, as it results from the decisions taken pursuant to Article 41.’

6.

Article 38 (1) and (2) is replaced by the following:

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:

‘Article 40

1.   A committee for the methodology of the external trade statistics of the Community and statistics of trade between Member States, called the “Committee for External Trade Statistics”, hereinafter referred to as “the committee”, shall be set up, composed of representatives of the Member States and chaired by a representative of the Commission.

2.   The committee shall draw up its rules of procedure.

3.   The committee may examine any question 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 State.

Article 41

1.   The necessary provisions shall be adopted in accordance with the procedure set out in the following paragraphs for:

2.   The chairman shall submit to the committee a draft of any measures to be taken. The committee shall express its opinion on this draft within a period which the chairman may determine according to the urgency of the matter. The opinion shall be delivered by the majority provided for in Article 148(2) of the Treaty for the adoption of decisions which the Council is called upon to take on a proposal from the Commission. When voting takes place within the committee, the votes of the representatives of the Member States shall be weighted in the manner stipulated in the said Article. The chairman shall not vote.

3.   The Commission shall adopt measures with immediate effect. However, if these measures are at variance with the opinion expressed by the committee, the Commission shall at once communicate them to the Council. In such cases, the Commission shall postpone the implementation of the measures which it has decided on for three months from the date of the communication.

4.   The Council, acting by a qualified majortiy, may take a different decision during the period provided for in paragraph 3.’