05/12/03 Mr Jacques Lanneluc : Eurostat - Unit C4 External Trade Statistics: legal aspects

05/12/03 Summary Community law Role of the Commission Legal texts or recommendations relevant for Trade Statistics The legislation on Trade Statistics The preparation of legal acts in the framework of Trade Statistics The Intrastat and Extrastat Committees Main characteristics of Intrastat legislation The new Intrastat legislation Main characteristics of Extrastat legislation Specific movements or goods Implementation of the legislation by Member States National/Community Statistics (example 1 & 2)

05/12/03 Community law In the framework of the Treaties establishing the European Communities, Community law (known as Secondary legislation) may take the following forms: 1. Regulations 2. Directives 3. Decisions 4. Recommendations

05/12/03 Role of the Commission §The Commission may present proposals to the other institutions (Council and European Parliament). §The Commission may adopt acts which are known as “autonomous”. In our context, these acts are adopted according the Comitology.

05/12/03 At international level, the recommendations of the Statistical Office of the United Nations (which is not a legal text). At EU level, Article 285 of EC Treaty + § Council Regulation (EC) 322 / 97: Statistical Law § Council Regulation (Euratom, EEC) 1588/90: Statistical Confidentiality § Council Decision 1999/468/EC: Comitology § Customs Regulations Legal texts or recommendations relevant for Trade Statistics

05/12/03 The legislation on Trade Statistics § Different acts for Intrastat and Extrastat § Mainly Regulations, directly applicable

05/12/03 The preparation of legal acts in the framework of Trade Statistics § The role of Eurostat § The role of the Member States (working groups, Committees)

05/12/03 Main characteristics of Intrastat legislation § Direct collection of information from companies § A close link with the VAT system § A threshold system § Specific deadlines § Intrastat and Intra-EU trade

05/12/03 The new Intrastat legislation § The aim of making the rules clearer and simpler § Strictly limited to Community statistics § In accordance with the principle of subsidiarity § Data to be collected remains unchanged § Simplified system of thresholds § New provisions on deadlines for the transmission of data and coverage § Link with fiscal formalities § New provisions on quality § New committee

05/12/03 Main characteristics of Extrastat legislation § Special trade system § Link with Customs

05/12/03 Specific movements or goods §Applicable within Intrastat and Extrastat § Specific in what? Which are the rules ?

05/12/03 Implementation of the legislation by Member States § No need for National legislation § National/Community Statistics § Gentleman agreement for the data transmission

05/12/03 National/Community Statistics(example 1) Japanese goods are imported into Europe; they are released for free circulation in the Netherlands NL), then dispatched to Germany (DE) (Member State of consumption). For Community statistics, 3 operations are recorded : - Import of goods originating in Japan (with NL as declaring Member State, since the customs declaration is made there); - dispatch from NL to DE (Intrastat declaration) - arrival in DE from NL (Intrastat declaration). For Netherlands national statistics, no trade is recorded, as the import from Japan and dispatch to DE are regarded as transit trade. For German national statistics, goods originating in Japan are entered as imports. DE records Japan as the country of origin, as indicated on the Intrastat declaration.

05/12/03 National/Community Statistics (example 2) American goods are imported for inward processing into the Netherlands (NL), then dispatched to Germany (DE) for a new processing operation. For Community statistics, 3 operations are recorded : - Import of goods originating in USA (with NL as declaring Member State, since the customs declaration is made there); - dispatch from NL to DE, to be included in Intra-EU trade statistics even if the information is collected through customs declarations ; - arrival in DE from NL, to be included in Intra-EU trade statistics even if the information is collected through customs declarations For Netherlands national statistics, trade is recorded as an import from USA and dispatch to DE = Community statistics. For German national statistics, trade is recorded according to the coountry of origin (USA or NL depending on the result of the processing.