Commission Regulation (EC) No 840/96 of 7 May 1996 laying down certain provisions for the implementation of Council Regulation (EC) No 1172/95 as regards statistics on external trade

• Published date: 08 May 1996
• Subject Matter: Information and verification,Common customs tariff
• Official Gazette Publication: Official Journal of the European Communities, L 114, 8 May 1996

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Commission Regulation (EC) No 840/96 of 7 May 1996 laying down certain provisions for the implementation of Council Regulation (EC) No 1172/95 as regards statistics on external trade

Official Journal L 114 , 08/05/1996 P. 0007 - 0017

COMMISSION REGULATION (EC) No 840/96 of 7 May 1996 laying down certain provisions for the implementation of Council Regulation (EC) No 1172/95 as regards statistics on external trade

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), and in particular Article 21 thereof,

Whereas, 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 harmonized statistics;

Whereas 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;

Whereas 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;

Whereas it is essential to define the specific movements of goods for which special provisions are necessary; whereas Community harmonization measures need to be introduced;

Whereas 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;

Whereas, in view of the links which 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 (2), 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 (3), as last amended by Regulation (EC) No 482/96 (4);

Whereas the relevant rules should be replaced in order to improve their transparence; whereas Commission Regulation (EEC) No 546/77 (5), as last amended by Regulation (EEC) No 3678/87 (6), Commission Regulation (EEC) No 518/79 (7), as amended by Regulation (EEC) No 3521/87 (8), Commission Regulation (EEC) No 3345/80 (9), Regulation (EEC) No 3678/87 and Regulation (EEC) No 455/88 (10), should therefore be repealed;

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

HAS ADOPTED THIS REGULATION:

CHAPTER 1

GENERAL PROVISIONS

Article 1

For the purpose of this Regulation, 'imports` shall mean the movements of the goods referred to in point (a) of Article 6 (1) 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 point (b) of Article 6 (1) of the Basic Regulation.

CHAPTER 2

OBJECT AND REFERENCE PERIOD

Article 2

Pursuant to Article 6 (2) of the Basic Regulation, external trade statistics 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 I,

- to which the exemptions referred to in Articles 23 and 25 apply.

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 ECU 800 in value or 1 000 kilograms in net mass shall be covered by external trade statistics.

2. Each Member State shall inform the Commission of the statistical threshold it has fixed in national currency.

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 3

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:

1 - normal,

2 - after outward processing,

5 - for inward processing, suspension system,

6 - for inward processing, drawback system,

7 - after economic outward processing for textiles;

(b) exports:

1 - normal,

2 - 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 last Member State to which it is known, at the time of import, 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...