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Document 02000R1917-20060101

Commission Regulation (EC) No 1917/2000 of 7 September 2000 laying down certain provisions for the implementation of Council Regulation (EC) No 1172/95 as regards statistics on external trade (Text with EEA relevance)

ELI: http://data.europa.eu/eli/reg/2000/1917/2006-01-01

2000R1917 — EN — 01.01.2006 — 003.001


This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

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COMMISSION REGULATION (EC) No 1917/2000

of 7 September 2000

laying down certain provisions for the implementation of Council Regulation (EC) No 1172/95 as regards statistics on external trade

(Text with EEA relevance)

(OJ L 229, 9.9.2000, p.14)

Amended by:

 

 

Official Journal

  No

page

date

►M1

COMMISSION REGULATION (EC) No 1669/2001 of 20 August 2001

  L 224

3

21.8.2001

►M2

COMMISSION REGULATION (EC) No 179/2005 of 2 February 2005

  L 30

6

3.2.2005

►M3

COMMISSION REGULATION (EC) No 1949/2005 of 28 November 2005

  L 312

10

29.11.2005


Corrected by:

►C1

Corrigendum, OJ L 003, 6.1.2001, p. 28  (1917/00)




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COMMISSION REGULATION (EC) No 1917/2000

of 7 September 2000

laying down certain provisions for the implementation of Council Regulation (EC) No 1172/95 as regards statistics on external trade

(Text with EEA relevance)



THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1172/95 of 22 May 1995 on the statistics relating to the trading of goods by the Community and its Member States with non-member countries ( 1 ), as last amended by Regulation (EC) No 374/98 ( 2 ), and in particular Article 21 thereof,

Whereas:

(1)

For the purpose of compiling external trade statistics, it is necessary to define the implementing procedures for the collection of data and for the processing, transmission and dissemination of the results, in order to obtain harmonised statistics.

(2)

It is essential to clarify the subject of external trade statistics, especially in order to avoid dual recording or to exclude certain transactions and to define the intervals at which they are to be drawn up.

(3)

The definition of the data to be returned needs to be supplemented, together with the procedures by which they are referred to in the statistical information medium.

(4)

It is essential to define the specific movements of goods for which special provisions are necessary, Community harmonisation measures need to be introduced.

(5)

It is necessary to fix the timetable for the transmission of the results to the Commission and the procedures for corrections to ensure regular and uniform dissemination.

(6)

In view of the links that exist between external trade statistics and customs procedures, there is a need to bear in mind the provisions adopted by Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code ( 3 ), as amended by the Act of Accession of Austria, Finland and Sweden, and by Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code ( 4 ), as last amended by Regulation (EC) No1602/2000 ( 5 ).

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Committee on External Trade Statistics,

HAS ADOPTED THIS REGULATION:



TITLE I

GENERAL PROVISIONS



CHAPTER 1

Object and reference period

Article 1

For the purpose of this Regulation, ‘imports’ shall mean the movements of the goods referred to in Article 6(1)(a) of Regulation (EC) No 1172/95, hereinafter referred to as ‘the Basic Regulation’ and ‘exports’ shall mean the movements of the goods referred to in Article 6(1)(b) of the Basic Regulation.

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Article 2

Pursuant to Article 6(2) of the Basic Regulation, external trade statistics transmitted to the Commission shall not cover goods:

 released for free circulation after being subject to inward processing or processing under customs control,

 contained in the list of exemptions set out in Annex 1.

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Article 3

1.  The statistical threshold referred to in Article 12 of the Basic Regulation shall be fixed, for each type of goods, so that imports or exports exceeding EUR 1 000 in value or 1 000 kg in net mass shall be collected for the production of external trade statistics.

2.  Application by the Member States of the threshold referred to in paragraph 1 shall remain optional.

3.  The data transmitted periodically by the Member States applying a statistical threshold shall be adjusted so that the value of trade situated below the threshold is included in the external trade statistics, at least for total products.

In the absence of harmonised provisions adopted by the Commission in accordance with the procedure set out in Article 21 of the Basic Regulation, each Member State shall use the method of adjustment it considers most appropriate.

4.  Member States applying a statistical threshold shall inform the Commission of the amount of that threshold and the method of adjustment used.

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Article 4

1.  The reference period shall be the calendar month during which the goods are imported or exported.

2.  When the single administrative document is the statistical information medium, the date of acceptance of the document by the customs authorities shall determine the calendar month to which the data refer.



CHAPTER 2

Definitions of data

Article 5

The definitions of data referred to in Article 10(1), (2) and (3), first indent, of the Basic Regulation and the procedures whereby they are given in the data medium are indicated in Articles 6 to 14.

Article 6

1.  The ‘customs destination’ shall be identified by the procedure for which the codes to be indicated are given in Annex 38 to Regulation (EEC) No 2454/93.

2.  Without prejudice to the provisions concerning the single administrative document, the statistical procedure shall be indicated in the data medium where the customs declaration is not required by the Member States.

3.  Each Member State which makes use of the option provided for in paragraph 2 shall draw up the list of statistical procedures to be given in the data medium so that the statistics may be supplied to the Commission in accordance with the codes indicated in paragraph 4.

4.  Statistical procedures shall be coded as follows:

(a) imports:

7

normal

1

after outward processing

3

for inward processing, suspension system

5

for inward processing, drawback system

6

after economic outward processing for textiles;

(b) exports:

1

normal

3

►C1  for ◄ outward processing

5

after inward processing, suspension system

6

after inward processing, drawback system

7

for economic outward processing for textiles.

Article 7

1.  For the purposes of this Regulation,

(a) ‘country of origin’ means the country where the goods originate in accordance with Title II, Chapter 2, Section 1, of Regulation (EEC) No 2913/92;

(b) ‘country of consignment’ means the country from which the goods were initially dispatched to the importing Member State, without any halt or legal operation not inherent in their transport having occurred in an intermediate country; if such halts or legal operations have occurred, the final intermediate country shall be regarded as the country of consignment;

(c) ‘country of destination’ means the ►C1  last country ◄ to which it is known, at the time of ►C1  export ◄ , that the goods are to be delivered;

(d) ‘Member State of export or import’ means the Member State in which the export or import formalities are carried out;

(e) ‘Member State of destination’ means the Member State to which it is known, at the time of import, that the goods are to be ultimately delivered;

(f) ‘Member State of actual export’ means the Member State, other than the Member State of export, from which the goods were initially dispatched for the purpose of export, if the exporter is not established in the Member State of export.

Where the goods were not initially dispatched from another Member State for the purpose of export or when the exporter is established in the Member State of export, the Member State of export shall be the same as the Member State of actual export.

2.  Without prejudice to customs regulations, and pursuant to Article 10(1)(b) of the Basic Regulation, the country of origin shall be indicated in the statistical information medium.

Nonetheless, the country of consignment must be indicated in the following instances:

(a) for goods the origin of which is not known;

(b) for the following goods, even if their origin is known:

 goods falling within Chapter 97 of the Combined Nomenclature,

 goods imported after outward processing,

 returned goods and other goods of Community origin.

The monthly returns on the transactions referred to in (a) and (b), which are transmitted to the Commission by the Member States, shall include the country of consignment if it is non-EU country. Otherwise, the code QW (or 960) is used.

3.  For specific movements of goods referred to in Title II, the partner countries referred to in the Title should be used, if necessary.

4.  The countries defined in paragraph 1 shall be designated and coded in accordance with Article 9 of the Basic Regulation.

Article 8

Where the quantity of goods to be mentioned on the data medium is determined:

(a) ‘net mass’ means the actual mass of the good excluding all packaging; failing any provisions to the contrary adopted pursuant to Article 10(4) of the Basic Regulation, the net mass shall be expressed in kilograms for each subheading of the Combined Nomenclature;

(b) ‘supplementary units’ means the units measuring quantity, other than the units measuring mass expressed in kilograms; they must be mentioned in accordance with the information set out in the current version of the Combined Nomenclature, opposite the subheadings concerned, the list of which is published in Part I ‘Preliminary provisions’ of the said nomenclature.

Article 9

1.  ‘Statistical value’ shall be:

 on export, the value of the goods at the place and time where they leave the statistical territory of the exporting Member State,

 on import, the value of the goods at the place and time where they enter the statistical territory of the importing Member State.

2.  The value of the goods referred to in paragraph 1 shall be calculated as follows:

 in the case of sale or purchase, on the basis of the invoiced amount of the goods,

 in other cases, on the basis of the amount which would have been invoiced in the case of sale or purchase.

In cases where it is established, the customs value, defined in accordance with Regulation (EEC) No 2913/92, shall be used to determine the value of the goods.

3.  The statistical value must include only ancillary charges, such as transport and insurance, relating to that part of the journey which:

 in the case of exported goods, takes place in the statistical territory of the exporting Member State,

 in the case of imported goods, takes place outside the statistical territory of the importing Member State.

The statistical value shall not therefore include taxes due on export or import, such as customs duties, value added tax, excise duty, levies, export refunds or other taxes with similar effect.

4.  For goods subject to processing operations, the statistical value shall be established as if the goods had been produced wholly in the country of processing.

5.  For the goods used as carriers of information such as floppy disks, computer tapes, films, plans, audio- and videotapes, CD-ROMs, which are traded in order to provide information, the statistical value shall be based on the total cost of the goods, i.e. it shall cover not only the medium but also the information which is carried.

6.  The statistical value to be given in the data medium shall be indicated in national currency. Member States may authorise the indication of a value expressed in another currency.

The exchange rate to be used in determining the statistical value shall be either the exchange rate used in calculating the dutiable value or the official exchange rate at the time of export or import.

Without prejudice to customs regulations, in the case of a periodic declaration Member States may fix a single rate for the period for conversion into national currency.

Article 10

1.  ‘Mode of transport at the external frontier’ means the mode of transport determined by the active means of transport with which:

 on export, the goods are presumed to leave the statistical territory of the Community,

 on import, the goods are presumed to have entered the statistical territory of the Community.

2.  ‘Mode of transport inland’ means the mode of transport determined by the active means of transport with which:

 on export, the goods are presumed to have left the place of departure,

 on import, the goods reach the place of arrival.

This information shall be required only in the cases for which the customs legislation provides.

3.  The modes of transport referred to in paragraphs 1 and 2 are as follows:



A

B

Title

1

10

Sea transport

12

Railway wagon on a seagoing vessel

16

Powered road vehicle on a seagoing vessel

17

Trailer or semi-trailer on a seagoing vessel

18

Inland waterway vessel on a seagoing vessel

2

20

Rail transport

23

Road vehicle on railway wagon

3

30

Road transport

4

40

Air transport

5

50

Postal consignment

7

70

Fixed transport installations

8

80

Inland waterway transport

9

90

Own propulsion

4.  The modes of transport shall be designated in the data medium by the codes in column A of the list shown in paragraph 3.

Member States may require the modes of transport to be designated in the data medium by the codes in column B of the said list.

5.  Transport in containers within the meaning of Article 670(g) of Regulation (EEC) No 2454/93, except when the mode of transport is designated by codes 5 (50), 7 (70), 9 (90), must be indicated.

For this purpose, the relevant codes are:

0

goods not transported in containers;

1

goods transported in containers.

6.  The nationality of the active means of transport at the external frontier which is known on import or export must also be indicated, except when the mode of transport at the Community frontier is designated by codes 2 (20 or 23), 5 (50), 7 (70) and 9 (90).

For this purpose, the country codes defined pursuant to Article 9 of the Basic Regulation shall be used.

7.  ‘Active means of transport’ means the means of transport which provide the motive power. In the case of intermodal transport or if there are several means of transport, the active means of transport shall be that which provides the motive power for the whole combination.

The nationality of the active means of transport shall be that of the country of registration, as known at the time of completing the formalities.

Article 11

1.  ‘Preference’ means the tariff system whereby preferential customs duties are applicable which are wholly or partially suspended pursuant to conventions, agreements or specific regulations of the Community.

2.  The preference shall be stated in accordance with the procedure laid down in Regulation (EEC) No 2454/93.

Article 12

1.  ‘Invoiced amount’ means the amount indicated in the invoice or other documents in its stead.

2.  ‘Currency’ means the currency in which the invoiced amount is indicated.

Article 13

1.  For the purposes of this Regulation,

(a) ‘transaction’ means any operation, whether commercial or not, which leads to a movement of goods covered by statistics on external trade;

(b) ‘nature of the transaction’ means all those characteristics which distinguish one transaction from another.

2.  The list of transactions is set out in Annex II.

They shall be specified in the data medium by the code numbers in column A or by a combination of the code numbers in column A and their subdivisions in column B, as indicated in the list referred to above.

Article 14

1.  ‘Delivery terms’ means the provisions of the sales contract which lay down the obligations of the seller and the buyer respectively, in accordance with the Incoterms of the International Chamber of Commerce.

2.  The delivery terms shall be indicated in the data medium by the codes and, if necessary, the details to be mentioned in accordance with Annex III.



TITLE II

SPECIAL PROVISIONS



CHAPTER 1

Definitions and general considerations

Article 15

1.  ‘Specific movements of goods’ means movements of goods having specific features which have some significance for the interpretation of the information and stem, as the case may be, from the movement as such, from the nature of the goods, from the transaction which results in the movement of the goods or from the exporter or importer of the goods.

2.  Specific movements of goods are as follows:

(a) industrial plants;

(b) vessels and aircraft, as defined in Chapter 3 of this Title;

(c) sea products;

(d) ships' and aircraft's stores and supplies;

(e) staggered consignments;

(f) military goods;

(g) offshore installations;

(h) spacecraft and spacecraft launchers;

(i) motor vehicle and aircraft parts;

(j) postal consignments;

(k) petroleum products;

(l) waste products;

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(m) electricity and gas.

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3.  Subject to contrary provision in this Regulation or in the absence of provisions laid down in accordance with Article 21 of the Basic Regulation, specific movements shall be mentioned according to the relevant national provisions.

4.  The Member States shall adopt the appropriate provisions in order to implement this chapter and may use, if necessary, statistical information sources other than those laid down in Article 7 of the Basic Regulation.



CHAPTER 2

Industrial plants

Article 16

1.  ‘Complete industrial plant’ means a combination of machines, apparatus, appliances, equipment, instruments and materials, hereinafter referred to as ‘component parts’, which fall under various headings of the Harmonised System nomenclature and which are designed to function together as a large-scale unit to produce goods or provide services.

All other goods which are used in constructing a complete industrial plant may be treated as component parts thereof, provided they are not excluded from the statistical compilation by virtue of the Basic Regulation.

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2.  Member States may apply a simplified declaration procedure for recording exports of complete industrial plant.

3.  The simplified procedure may be applied only to the export of complete industrial plants the total statistical value of each of which exceeds EUR 3 million, unless they are complete industrial plants for re-use; in this case, Member States shall inform the Commission of the criteria used.

The statistical value of an industrial plant shall be calculated by adding the statistical values of its component parts and the statistical values of the goods referred to in the second subparagraph of paragraph 1.

Article 17

1.  For the purposes of this Chapter, component parts falling within a given chapter of the Combined Nomenclature shall be classified under the relevant complete industrial plant subheading of Chapter 98 of that Nomenclature.

2.  Where Member States do not allow a simplified declaration procedure for recording component parts of complete industrial plant under the subheadings provided for in Chapter 98, the goods shall be classified under the relevant subheadings, as provided in the other chapters of the Combined Nomenclature.

Article 18

In accordance with the Combined Nomenclature, the code numbers for complete industrial plant subheadings shall be composed in conformity with the following rules:

(a) the code shall comprise eight digits;

(b) the first four digits shall be 9880;

(c) the fifth and the sixth digits shall correspond to the chapter of the Combined Nomenclature to which the goods of the component part belong;

(d) the seventh and the eighth digits shall be 0.

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Article 19

1.  Those responsible for supplying statistical information may not use the simplified declaration procedure without prior authorisation in accordance with the detailed rules which each Member State shall lay down within the framework of this chapter.

2.  In the case of a complete industrial plant whose component parts are exported by several Member States, authorisation for the use of the simplified declaration procedure shall be given by each Member State for the exports which concern it. However, such authorisation may be issued only on presentation of documentary evidence that the total statistical value specified in Article 16(3) is reached or that other criteria justify the use of the simplified procedure.

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CHAPTER 3

Imports and exports of vessels and aircraft

Article 20

For the purposes of this chapter:

(a) ‘vessels’ means the vessels used for sea transport, referred to in Additional Notes 1 and 2 of Chapter 89 of the Combined Nomenclature, and warships;

(b) ‘aircraft’ means aeroplanes falling within CN code 8802 for civilian use, provided they are used by an airline, or for military use;

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(c) ‘ownership of a vessel or an aircraft’ means the fact of a natural or legal person’s registration as owner of a vessel or an aircraft.

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Article 21

1.  External trade statistics to be transmitted to the Commission shall cover the following transactions:

(a) the transfer of ownership of a vessel or aircraft from a natural or legal person established in a non-member country to a natural or legal person established in the reporting Member State and registered in the national ships or aircraft register; this transaction shall be treated as an import;

(b) the transfer of ownership of a vessel or aircraft from a natural or legal person established in the reporting Member State and registered in the national ships or aircraft register to a natural or legal person established in a non-member country; this transaction shall be treated as an export;

(c) the entry of a vessel or aircraft in the statistical territory of the Community or the leaving of the statistical territory of the Community because of operations with a view to or following processing under contract.

For the purposes of point (b), the export shall be recorded in the Member State of construction if the vessel or aircraft is new.

For the purposes of point (c), ‘processing’ shall be considered to cover only operations aiming to produce a new or really improved vessel or aircraft.

2.  The statistics on the transactions referred to in paragraph 1 which the Member States transmit to the Commission shall include the following data:

(a) the code corresponding to the subdivision of the Combined Nomenclature;

(b) the statistical procedure;

(c) the partner country, namely:

 in the case of transactions referred to in paragraph 1(a), the non-member country of construction if the vessel or aircraft is new; in other cases, the non-member country where the natural or legal person transferring the ownership of the vessel or aircraft is established;

 in the case of transactions referred to in paragraph 1(b) the non-member country where the natural or legal person to whom the ownership of the vessel or aircraft is transferred is established;

 in the case of transactions referred to in paragraph 1(c) the non-member country of consignment for vessels and aircraft entering the statistical territory of the Community and the country of destination for vessels and aircraft leaving the statistical territory of the Community;

(d) the quantity, as a number of items and in any other supplementary units laid down in the Combined Nomenclature, for vessels, and the quantity, in net mass and in supplementary units, for aircraft;

(e) the statistical value, meaning the total amount which would be invoiced in the case of sale or purchase of the whole vessel or aircraft, after exclusion of any transport and insurance costs.

3.  The reference period shall be the month in which either the transfer of ownership takes place, in the case of transactions referred to in paragraph 1(a) or 1(b), or in which the movement takes place, in the case of transactions referred to in paragraph 1(c).

Article 22

National authorities shall have access to data sources in addition to those laid down in Article 7 of Regulation (EC) No 1172/1995, including access to information contained in national shipping and aircraft registers which may be required in order to identify the transfer of ownership of such goods.

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CHAPTER 4

Ships' and aircraft's stores and supplies

Article 23

For the purposes of this chapter:

 ‘ships’ and aircraft's stores' means the various products for consumption by the crew and passengers of vessels or aircraft;

 ‘ships’ and aircraft's supplies' means the products for the operation of the engines, machines and other equipment on vessels or aircraft, such as fuel, oil and lubricants.

Article 24

1.  External trade statistics covering the following shall be transmitted to the Commission:

(a) any delivery of ships' and aircraft's stores and supplies to vessels or aircraft for which the natural or legal person responsible for their commercial use is established in a third country, and which are stationed in a port or airport of the reporting Member State, provided that they are Community goods or non-Community goods placed under inward processing customs arrangements or under arrangements for processing under customs control; this operation shall be treated as an export;

(b) any delivery of ships' and aircraft's stores and supplies to national vessels or aircraft, which are stationed in a port or airport of the reporting Member State, provided that they are non-Community goods which have not been released by customs for free circulation, placed under inward processing customs arrangements or under arrangements for processing under customs control; this operation shall be treated as an import.

2.  The monthly returns on the operations referred to in paragraph 1(a), which are transmitted by the Member States to the Commission, shall include the following data:

(a) the product code, according to the following simplified coding:

 9930 24 00: goods from Chapters 1 to 24 of the Harmonised System,

 9930 27 00: goods from Chapter 27 of the Harmonised System,

 9930 99 00: goods classified elsewhere,

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(b) the country code of the partner country or the simplified country code QS;

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(c) the statistical procedure;

(d) the quantity in net mass;

(e) the statistical value.



CHAPTER 5

Staggered consignments

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Article 25

For the purposes of this Chapter, ‘staggered consignments’ means imports or exports of components of complete goods in an unassembled or disassembled state over several deliveries for commercial or transport-related reasons.

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Article 26

In the monthly returns transmitted to the Commission by the Member States, data on the imports and exports of staggered consignments shall be compiled once only, in the month of import or export of the last partial consignment, indicating the full value of the complete assembled good and using the classification code for that good.



CHAPTER 6

Military goods

Article 27

1.  Statistics relating to the trading of goods with non-member countries covering exports and imports of goods for military use in compliance with the definition in force in the Member States shall be transmitted to the Commission.

2.  The monthly returns covering the operations referred to in paragraph 1, which are transmitted to the Commission by the Member States, shall include the following data:

(a) the code corresponding to the subdivision of the product classification referred to in Article 8 of the Basic Regulation;

(b) the code of the partner country;

(c) the statistical procedure;

(d) the quantity in net mass and, where appropriate, in supplementary units;

(e) the statistical value.

3.  In the Member States unable to applythe.the provisions of paragraph 2 owing to military secrecy, appropriate measures shall be taken to ensure that, at a minimum, the statistical value of exports and imports of goods intended for military used are included in the monthly returns transmitted to the Commission.



CHAPTER 7

Offshore installations

Article 28

1.  For the purposes of this chapter, ‘offshore installations’ means the equipment and devices installed in the high sea in order to search for and exploit mineral resources.

2.  ‘Foreign’ installations, as opposed to ‘national’ installations, means those installations of which the natural or legal person responsible for the commercial use is established in a non-member country.

Article 29

1.  In a given Member State, statistics on trade with non-member countries covering the following shall be transmitted to the Commission:

(a) the delivery of goods to a national installation directly from a non-member country or from a foreign installation; this transaction shall be treated in the same way as an import;

(b) the delivery of goods to a non-member country or to a foreign installation from a national installation; this transaction shall be treated in the same way as an export;

(c) the delivery of goods to a national installation from a customs' warehouse located on the statistical territory of a Member State; this transaction shall be treated in the same way as an import;

(d) the import to the statistical territory of this Member State of goods from a foreign installation;

(e) the export from the statistical territory of this Member State of goods destined for a foreign installation.

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2.  The monthly returns covering the transactions referred to in paragraph 1, which are transmitted to the Commission by the Member States, shall include the following data:

(a) the code corresponding to the subdivision of the Combined Nomenclature;

(b) the country code of the partner country or the simplified country code QW;

(c) the statistical procedure;

(d) the quantity in net mass;

(e) the statistical value.

For the purposes of point (a), the following simplified codes shall be used for goods destined for the operators of the offshore installation or for the operation of the engines, machines and other equipment of the offshore installation:

 9931 24 00: goods from CN Chapters 1 to 24;

 9931 27 00: goods from CN Chapter 27;

 9931 99 00: goods classified elsewhere.

Without prejudice to the customs regulations, in the case of goods coming from or destined for installations, the ‘partner country’ referred to in point (b) shall be understood to be the country where the natural or legal person responsible for the commercial use of the installation in question is established.

▼B



CHAPTER 8

Spacecraft

Article 30

For the purposes of this chapter:

(a) ‘spacecraft’ means craft such as satellites which travel in space outside the earth's atmosphere;

(b) ‘ownership of a spacecraft’ means the fact of a natural or legal person's registration as owner of a spacecraft.

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Article 31

1.  Statistics on trade with non-member countries covering the following shall be transmitted to the Commission:

(a) the entry of a spacecraft into the statistical territory of the Community or the leaving of the statistical territory of the Community because of operations with a view to, or following, processing under contract;

(b) the space launch of a spacecraft which was the subject of a transfer of ownership between a natural or legal person established in a non-member country and a natural or legal person established in a Member State;

(c) the space launch of a spacecraft which was the subject of a transfer of ownership from a natural or legal person established in a Member State to a natural or legal person established in a non-member State.

The operations referred to in point (b) shall be recorded as an import in the Member State where the new owner is established.

The operation referred to in point (c) shall be recorded as an export by the Member State of construction of the finished spacecraft.

For the purposes of this paragraph, ‘processing’ shall be considered to cover only operations aiming to produce a new or really improved spacecraft.

2.  The monthly returns on the operations referred to in paragraph 1, which Member States shall transmit to the Commission, shall include the following data:

(a) the code corresponding to the subdivision of the Combined Nomenclature;

(b) the code of the partner country;

(c) the statistical procedure;

(d) the quantity in net mass and in supplementary units;

(e) the statistical value as the value of the spacecraft ‘ex-works’ in accordance with the delivery terms specified in Annex III to this Regulation.

For the purposes of point (b), ‘partner country’ shall be determined according to the following criteria:

 for the operations referred to in paragraph 1(a) ‘partner country’ shall mean the non-member country of origin for spacecraft entering the statistical territory of the Community and the country of destination for spacecraft leaving the statistical territory of the Community;

 for the operations referred to in paragraph 1(b) ‘partner country’ shall mean the country of construction of the finished spacecraft;

 for the operations referred to in paragraph 1(c) ‘partner country’ shall mean the country where the natural or legal person to whom the ownership of the spacecraft is transferred is established.

3.  The reference period shall be the month in which either the movement takes place, in the case of operations referred to in paragraph 1(a), or in which the transfer of ownership takes place, in the case of operations referred to in paragraph 1(b) and (c).

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CHAPTER 9

Electricity and gas

Article 31a

In addition to the data sources laid down in Article 7 of Regulation (EC) No 1172/95, national authorities may require that relevant information for the monitoring of trade flows on electricity and gas between the reporting Member State and non-member countries be provided directly by operators established in the reporting Member State which own or operate the national transmission network for electricity or gas.



CHAPTER 10

Sea products

Article 31b

1.  For the purposes of this Article, ‘sea products’ means fishery products, minerals, salvage and all other products which have not yet been landed by seagoing vessels.

2.  External trade statistics to be transmitted to the Commission shall cover the following transactions:

(a) the landing of sea products in the reporting Member State’s ports, or their acquisition by vessels registered in a Member State from vessels registered in a non-member country, these transactions being treated as imports;

(b) the landing of sea products in a non-member country’s ports from a vessel registered in the reporting Member State, or their acquisition by vessels registered in a non-member country from vessels registered in a Member State, these transactions being treated as exports.

3.  The monthly returns on the transactions referred to in paragraph 2, which the Member States shall transmit to the Commission, shall include the following data:

(a) the code corresponding to the subdivision of the Combined Nomenclature;

(b) the code of the partner country, namely:

 on import, the non-member country where the vessel capturing the sea product is registered;

 on export, the non-member country where the sea product is landed or where the vessel acquiring the sea product is registered;

(c) the statistical procedure;

(d) the quantity in net mass;

(e) the statistical value.

4.  National authorities shall have access to data sources in addition to those laid down in Article 7 of Regulation (EC) No 1172/95, including access to information on declarations of national registered vessels on sea products landed in non-member countries.

▼B



TITLE III

FINAL PROVISIONS

▼M2

Article 32

1.  Member States shall compile:

(a) aggregated results defined, for each flow, as the total value of the trade with non-member countries and the breakdown by products according to Sections of the Standard International Trade Classification, Revision 3;

(b) detailed results referred to in Article 10(1) of the basic Regulation.

2.  Member States shall transmit data to the Commission without delay, as follows:

(a) in accordance with paragraph 1(a), no later than 40 days after the end of the reference period;

(b) in accordance with paragraph 1(b) no later than 42 days after the end of the reference period.

▼B

Article 33

1.  If the data contained in a statistical information medium have to be corrected, the corrections shall be made to the figures of the reference period.

2.  Member States shall transmit the corrected monthly data at least every three months, together with a file containing the cumulative and corrected annual data.

Article 34

Member States shall retain the statistical information media referred to in Articles 7 and 23 of the Basic Regulation, or at least the information contained therein, for at least two years after the end of the year to which the media refer.

Article 35

Member States shall transmit to the Commission their national instructions and any subsequent amendments.

Article 36

Commission Regulation (EC) No 840/96 ( 6 ) is repealed effective from 1 January 2001.

References to the repealed Regulation shall be deemed to refer to this Regulation.

Article 37

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.

It shall apply from 1 January 2001.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

▼M3




ANNEX I

List of goods referred to in Article 2 excluded from statistics relating to the trading of goods with non-member countries to be transmitted to the Commission (Eurostat)

Data shall not be compiled for the following goods:

(a) means of payment which are legal tender, and securities;

(b) monetary gold;

(c) emergency aid for disaster areas;

(d) because of the diplomatic or similar nature of their intended use:

1. goods benefiting from diplomatic consular or similar immunity;

2. gifts to a Head of State or to members of a government or parliament;

3. items being circulated within the framework of administrative mutual aid;

(e) provided that they are not the subject of a commercial transaction:

1. decorations, honorary distinctions and prizes, commemorative badges and medals;

2. travel equipment, provisions and other items, including sports equipment, intended for personal use or consumption which accompany, precede or follow the traveller;

3. bridal outfits, items involved in moving house, or heirlooms;

4. coffins, funerary urns, ornamental funerary articles and items for the upkeep of graves and funeral monuments;

5. printed advertising material, instructions for use, price lists and other advertising items;

6. goods which have become unusable, or which cannot be used for industrial purposes;

7. ballast;

8. postage stamps;

9. pharmaceutical products used at international sporting events;

(f) products used as part of exceptional common measures for the protection of persons or of the environment;

(g) goods which are the subject of non-commercial traffic between persons resident in the frontier zones defined by the Member States (frontier traffic); products obtained by agricultural producers on properties located outside, but adjacent to, the statistical territory within which they have their principal undertaking;

(h) provided that the trade is temporary, goods imported and exported for the repair of means of transport, containers and related transport equipment, but which are not placed under processing arrangements, and parts replaced during the repairs;

(i) goods exported to national armed forces stationed outside the statistical territory as well as imported goods which had been conveyed outside the statistical territory by the national armed forces, as well as goods acquired or disposed of on the statistical territory of a Member State by the foreign armed forces which are stationed there;

(j) goods used as carriers of information such as floppy disks, computer tapes, films, plans, audio- and videotapes, and CD-ROMs which are traded in order to provide information, where developed to order for a particular client or where they are not the subject of a commercial transaction, as well as goods which complement a previous delivery, e.g. an update, and for which the consignee is not invoiced;

(k) satellite launchers:

 on export and import pending their launching into space;

 at the time of launching into space;

(l) goods for and after repair and the incorporated replacement parts. A repair entails the restoration of goods to their original function or condition. The objective of the operation is simply to maintain the good in working order; this may involve some rebuilding or enhancements but does not change the nature of the good in any way;

(m) goods for and following temporary use, provided all the following conditions are met:

1. no processing is planned or made;

2. the expected duration of the temporary use is not longer than 24 months.




ANNEX II



List of transactions referred to in Article 13(2)

A

B

1.  Transactions involving actual or intended transfer of ownership against compensation (financial or otherwise) (except the transactions listed under 2, 7, 8) () () ()

1.  Outright/purchase/sale ()

2.  Supply for sale on approval or after trial, for consignment or with the intermediation of a commission agent

3.  Barter trade (compensation in kind)

4.  Personal purchases by travellers

5.  Financial leasing (hire-purchase) ()

2.  Return of goods after registration of the original transaction under code 1 (); replacement of goods free of charge ()

1.  Return of goods

2.  Replacement for returned goods

3.  Replacement (e.g. under warranty) for goods not being returned

3.  Transactions (not temporary) involving transfer of ownership but without compensation (financial or other)

1.  Goods delivered under aid programmes operated or financed partly or wholly by the European Community

2.  Other general government-aid deliveries

3.  Other aid deliveries (individuals, non-governmental organisations)

4.  Others

4.  Operations with a view to processing under contract () (except those recorded under 7)

 ()

5.  Operations following processing under contract () (except those recorded under 7)

 ()

6.  Particular transactions coded for national purposes ()

 ()

7.  Operations under joint defence projects or other joint intergovernmental production programs (e.g. Airbus)

 ()

8.  Supply of building materials and equipment for works that are part of a general construction or engineering contract ()

 ()

9.  Other transactions

 ()

(1)   This item covers most exports and imports, i.e. transactions in respect of which:

— ownership is transferred from resident to non-resident, and

— payment or compensation in kind is or will be made.

(2)   Including spare parts and other replacements made against payment.

(3)   Including financial leasing: the lease instalments are calculated in such a way as to cover all or virtually all of the value of the goods. The risks and rewards of ownership are transferred to the lessee. At the end of the contract the lessee becomes the legal owner of the goods.

(4)   Return and replacement dispatches of goods originally recorded under items 3 to 9 of column A should be registered under the corresponding items.

(5)   Processing covers operations (transformation, construction, assembling, enhancement, renovation, …) with the objective of producing a new or really improved item. This does not necessarily involve a change in the product classification. Processing activities on a processor’s own account are not covered by this item and should be registered under item 1 of column A.

(6)   Transactions recorded under this position could be e.g. transactions not involving transfer of ownership, e.g. repair, hire, loan, operational leasing and other temporary uses, except processing under contract (delivery or return). Transactions recorded with this code shall not be transmitted to the Commission.

(7)   The transactions recorded under item 8 of column A involve goods which are not separately invoiced, but for which a single invoice is made covering the total value of the works. Where this is not the case, the transactions should be recorded under item 1.

(8)   Code numbers for national purposes may be collected in column B provided that only the code numbers of column A are transmitted to the Commission.

▼B




ANNEX III



List of delivery terms referred to in Article 14(2)

First sub-box

Meaning

Second sub-box

Incoterm Code

Incoterm ICC/ECE Geneva

Place to be indicated

EXW

ex-works

location of works

FCA

free carrier

… agreed place

FAS

free alongside ship

agreed port of loading

FOB

free on board

agreed port of loading

CFR

cost and freight (C & F)

agreed port of destination

CIF

cost, insurance and freight

agreed port of destination

CPT

carriage paid to

agreed port of destination

CIP

carriage and insurance paid to

agreed port of destination

DAF

delivered at frontier

agreed Place of Delivery at Frontier

DES

delivered ex-ship

agreed port of destination

DEQ

delivered ex-quay

after customs clearance, agreed port

DDU

delivered duty unpaid

agreed place of destination in importing country

DDP

delivered duty paid

agreed place of delivery in importing country

XXX

delivered terms other than the above

precise statement of terms specified in the contract



( 1 ) OJ L 118, 25.5.1995, p. 10.

( 2 ) OJ L 48, 19.2.1998, p. 6.

( 3 ) OJ L 302, 19.10.1992, p. 1.

( 4 ) OJ L 253, 11.10.1993, p. 1.

( 5 ) OJ L 188, 26.7.2000, p. 1.

( 6 ) OJ L 114, 8.5.1996, p. 7.

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