Regulation (EEC) No 1736/75 of the Council of 24 June 1975 on the external trade statistics of the Community and statistics of trade between Member States

• Published date: 14 July 1975
• Official Gazette Publication: Official Journal of the European Communities, L 183, 14 July 1975

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Regulation (EEC) No 1736/75 of the Council of 24 June 1975 on the external trade statistics of the Community and statistics of trade between Member States

Official Journal L 183 , 14/07/1975 P. 0003 - 0016
Greek special edition: Chapter 11 Volume 7 P. 0229
Spanish special edition: Chapter 16 Volume 1 P. 0041
Portuguese special edition Chapter 16 Volume 1 P. 0041

REGULATION (EEC) No 1736/75 OF THE COUNCIL of 24 June 1975 on the external trade statistics of the Community and statistics of trade between 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;

Having regard to the Opinion of the European Parliament (1);

Whereas a thorough examination of the situation has shown the need to establish standard definitions and methods for the external trade statistics of the Community and statistics of trade between Member States;

Whereas the European Parliament in its resolution of 18 January 1972 embodying its Opinion on the proposal from the Commission of the European Communities to the Council for a Regulation concerning the nomenclature of goods for the external trade statistics of the Community and statistics of trade between Member States (NIMEXE) expressed the hope that the unification of the nomenclatures of goods for external trade statistics would be supplemented as soon as possible by a corresponding harmonization of the concepts, methods and definitions used in external trade statistics;

Whereas, since the external trade statistics of the Community and statistics of trade between Member States are not collected and compiled by the institutions of the Community but by the Member States themselves, homogeneous and detailed data for the Community can only be obtained from national data collected and compiled according to standard definitions and methods;

Whereas, as between Member States and between Member States and the institutions of the Community, the exchange of statistical data in conjunction with the application of modern methods for the transmission of information can be effected only if standard definitions and methods are applied to the collection and compilation of national results;

Whereas the application of standard definitions and methods to the external trade statistics of the Community and the statistics on trade between Member States will encourage the standardization and simplification of the documents and other information media used in international trade

Whereas the replacement of national rules by Community rules will improve comparability and facilitate the analysis of the results of the external trade statistics of the Community and of the Member States;

Whereas the application of standard definitions and methods could help to simplify the collection and compilation of data on trade between Member States, and the establishment of substitute Community methods for the statistical recording of trade between Member States, should recording of the movement of goods at domestic frontiers be abolished;

Whereas in order to conduct negotiations in which it is participating as a unit, it is essential for the Community to have homogeneous statistical data on external trade;

Whereas the establishment of Community statistics on transit and warehousing traffic will be facilitated by the application of standard definitions and methods to the statistical recording of all other movements of goods concerned with external trade;

Whereas it is necessary, in order to ensure the provision of regular and complete statistical information on the external trade of the Community and on trade between the Member States, for the Member States and the institutions of the Community to compile their results according to a standard system and a standard calendar;

Whereas the standard definitions and methods for the external trade statistics of the Community and statistics of trade between Member States must be (1)OJ No C 19, 12.4.1973, p. 41.

applied both to Community imports and exports and to trade between the Member States ; whereas statistics relating to the external trade of the Community with third countries are instrumental in the attainment of a common commercial policy ; whereas statistics relating to trade between the Member States are required for the harmonious functioning of the common market ; whereas the Treaty does not provide the powers of action required to apply standard definitions and methods in the case of these statistics;

Whereas, since harmonization is a continuing task and depends inter alia on progress in other areas of the law, the necessary conditions should be created for a process of constant adaptation whose implications should remain within the framework of the financial resources already available;

Whereas the provisions on the definitions and methods used for the external trade statistics of the Community and statistics on trade between Member States should be applied uniformly and be directly binding;

Whereas it is important to ensure that the provisions of this Regulation be applied uniformly and, to this end, to introduce a Community procedure whereby the detailed rules for their application may be adopted within appropriate time limits ; whereas a committee should be set up to ensure close and effective collaboration between Member States and the Commission,

HAS ADOPTED THIS REGULATION:

TITLE I Definitions and methods

Article 1

All goods: (a) entering or leaving the statistical territory of the Community,

(b) circulating between the statistical territories of the Member States,

Shall be included in the external trade statistics of the Community and the statistics of trade between Member States.

Article 2

1. Amongst the goods referred to in Article 1, those which enter and leave the statistical territory of a Member State under a transit procedure shall be the subject of transit statistics.

2. Amongst the goods referred to in Article 1, the following shall be the subject of warehousing statistics: (a) goods entering or leaving the customs warehouses designated in Council Directive No 69/74/EEC (1) of 4 March 1969 on the harmonization of provisions laid down by law, regulation or administrative action relating to customs warehousing procedure, as amended by the Act of Accession (2), with the exception of the customs warehouses listed in Annex A;

(b) goods entering or leaving the free zones designated in Council Directive No 69/75/EEC (3) of 4 March 1969 on the harmonization of provisions laid down by law, regulation or administrative provisions relating to free zones, amended by the Act of Accession and listed in Annex A.

3. Amongst the goods referred to in Article 1, goods entering or leaving storage premises other than those referred to in 2 (a) and (b), these premises being determined in accordance with Article 41, shall be the subject of separate statistics.

4. Acting unanimously on a proposal from the Commission, the Council shall lay down provisions concerning the statistics on transit and warehousing traffic and the statistics referred to in paragraph 3.

The rules of the Member States shall continue to apply up to the date of entry into force of these provisions, without prejudice to the statistical provisions of Council Regulation (EEC) No 542/69 (4) of 18 March 1969 on Community transit, as last amended by the Act of Accession.

5. The rules for the collection, compilation and publication of data concerning those of the goods referred to in Article 1 which do not meet the conditions of paragraph 1, 2 or 3 or which, on leaving a customs warehouse not listed in Annex A, a free zone listed therein, or storage premises within the meaning of paragraph 3, do not leave the statistical territory of the Member State of storage are given in Articles 3 to 39. (1)OJ No L 58, 8.3.1969, p. 7. (2)OJ No L 73, 27.3.1972, p. 14. (3)OJ No L 58, 8.3.1969, p. 11. (4)OJ No L 77, 29.3.1969, p. 1.

Article 3

1. The statistical territory of the Community shall comprise the customs territory of the Community as defined in Council Regulation (EEC) No 1496/68 (1) of 27 September 1968 on the definition of the customs territory of the Community, as last amended by Regulation (EEC) No 3456/73 (2), with the exception of the French overseas departments and Greenland.

2. The Member States shall define their statistical territory in accordance with paragraph 1.

Article 4

1. Goods shall be taken to mean all movable property.

2. Electric current shall be considered as goods within the meaning of paragraph 1.

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, without prejudice to paragraph 3, so that they may be easily and accurately classified under the appropriate heading in the nomenclature of goods for the external trade statistics of the Community and statistics of trade between Member States (NIMEXE).

2. Notwithstanding paragraph 1, up to the date referred to in Article 2 (2) of Council Regulation (EEC) No 1445/72 (3) of 24 April 1972 concerning the nomenclature of goods for the external trade statistics of the Community and statistics of trade between the Member States (NIMEXE), goods shall be described in such a way that they may be accurately classified by the Member States under the appropriate heading of their national goods nomenclatures for external trade statistics.

3. The goods must be described in accordance with paragraph 1 or 2 even when other Community Regulations require them to be...