Legal provisions of COM(2003)364 - Statistics relating to the trading of goods between Member States - Main contents
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dossier | COM(2003)364 - Statistics relating to the trading of goods between Member States. |
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document | COM(2003)364 ![]() |
date | March 31, 2004 |
Contents
- Article 1 - Subject matter
- Article 2 - Definitions
- Article 3 - Scope
- Article 4 - Statistical territory
- Article 5 - Data sources
- Article 6 - Reference period
- Article 7 - Parties responsible for providing information
- Article 8 - Registers
- Article 9 - Intrastat information to be collected
- Article 10 - Simplification within the Intrastat system
- Article 11 - Statistical confidentiality
- Article 12 - Transmission of data to the Commission
- Article 13 - Quality
- Article 14 - Committee procedure
- Article 15 - Repeal
- Article 16 - Entry into force
Article 1 - Subject matter
Article 2 - Definitions
(a) 'goods': all movable property, including electric current;
(b) 'specific goods or movements': goods or movements which, by their very nature, call for specific provisions, and in particular industrial plants, vessels and aircraft, sea products, goods delivered to vessels and aircraft, staggered consignments, military goods, goods to or from offshore installations, spacecraft, motor vehicle and aircraft parts and waste products;
(c) 'national authorities': national statistical institutes and other bodies responsible in each Member State for producing Community statistics relating to the trading of goods between Member States;
(d) 'Community goods':
(i) goods entirely obtained in the customs territory of the Community, without addition of goods from third countries or territories which are not part of the customs territory of the Community;
(ii) goods from third countries or territories which are not part of the customs territory of the Community, which have been released for free circulation in a Member State;
(iii) goods obtained in the customs territory of the Community either from the goods referred to exclusively in point (ii) or from the goods referred to in points (i) and (ii);
(e) 'Member State of dispatch': the Member State as defined by its statistical territory from which goods are dispatched to a destination in another Member State;
(f) 'Member State of arrival': the Member State as defined by its statistical territory in which goods arrive from another Member State;
(g) 'goods in simple circulation between Member States': Community goods dispatched from one Member State to another, which, on the way to the Member State of destination, travel directly through another Member State or stop for reasons related only to the transport of the goods.
Article 3 - Scope
2. Dispatches shall cover the following goods leaving the Member State of dispatch for a destination in another Member State:
(a) Community goods, except goods which are in simple circulation between Member States;
(b) goods placed in the Member State of dispatch under the inward processing customs procedure or the processing under customs control procedure.
3. Arrivals shall cover the following goods entering the Member State of arrival, which were initially dispatched from another Member State:
(a) Community goods, except goods which are in simple circulation between Member States;
(b) goods formerly placed in the Member State of dispatch according to the inward processing customs procedure or the processing according to customs control procedure, which are maintained according to the inward processing customs procedure or the processing according to customs control procedure or released for free circulation in the Member State of arrival.
4. Different or specific rules, to be determined in accordance with the procedure referred to in Article 14(2), may apply to specific goods or movements.
5. Some goods, a list of which shall be drawn up in accordance with the procedure referred to in Article 14(2), shall be excluded from the statistics for methodological reasons.
Article 4 - Statistical territory
2. By way of derogation from paragraph 1, the statistical territory of Germany shall include Heligoland.
Article 5 - Data sources
2. The statistical information on dispatches and arrivals of other goods shall be provided directly by customs to the national authorities, at least once a month.
3. For specific goods or movements, sources of information other than the Intrastat system or customs declarations may be used.
4. Each Member State shall organise the way Intrastat data is supplied by the parties responsible for providing information. To facilitate the task of these parties, the conditions for increased use of automatic data processing and electronic data transmission shall be promoted by the Commission (Eurostat) and the Member States.
Article 6 - Reference period
2. The reference period may be adapted to take into account the linkage with value added tax (VAT) and customs obligations, pursuant to provisions adopted in accordance with the procedure referred to in Article 14(2).
Article 7 - Parties responsible for providing information
(a) the natural or legal person registered for VAT in the Member State of dispatch who:
(i) has concluded the contract, with the exception of transport contracts, giving rise to the dispatch of goods or, failing that,
(ii) dispatches or provides for the dispatch of the goods or, failing that,
(iii) is in possession of the goods which are the subject of the dispatch;
(b) the natural or legal person registered for VAT in the Member State of arrival who:
(i) has concluded the contract, with the exception of transport contracts, giving rise to the delivery of goods or, failing that,
(ii) takes delivery or provides for delivery of the goods or, failing that,
(iii) is in possession of the goods which are the subject of the delivery.
2. The parties responsible for providing information may transfer the task to a third party, but such transfer shall in no way reduce the responsibility of the said party.
3. Failure by any party responsible for providing information to fulfil his/her obligations under this Regulation shall render him/her liable to the penalties which the Member States shall lay down.
Article 8 - Registers
2. In order to identify the parties responsible for providing information referred to in Article 7 and to check the information which is provided, the tax administration responsible in each Member State shall furnish the national authority:
(a) at least once a month, with the lists of natural or legal persons who have declared that, during the period in question, they have supplied goods to other Member States or acquired goods from other Member States. The lists shall show the total values of the goods declared by each natural or legal person for fiscal purposes;
(b) on its own initiative or at the request of the national authority, with any information provided for fiscal purposes which could improve the quality of statistics.
The arrangements for the communication of the information shall be determined in accordance with the procedure referred to in Article 14(2).
This information shall be treated by the national authority in accordance with the rules applied to it by the tax administration.
3. The tax administration shall bring to the attention of VAT-registered traders the obligations which they may incur as parties responsible for providing the information required by Intrastat.
Article 9 - Intrastat information to be collected
(a) the identification number allocated to the party responsible for providing information in accordance with Article 22(1)(c) of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes - common system of value added tax: uniform basis of assessment(7), in the version given in Article 28h thereof;
(b) the reference period;
(c) the flow (arrival, dispatch);
(d) the commodity, identified by the eight-digit code of the Combined Nomenclature as defined in Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff(8);
(e) the partner Member State;
(f) the value of the goods;
(g) the quantity of the goods;
(h) the nature of the transaction.
Definitions of the statistical data referred to in points (e) to (h) are given in the Annex. Where necessary, the arrangements for the collection of this information, particularly the codes to be employed, shall be determined in accordance with the procedure referred to in Article 14(2).
2. Member States may also collect additional information, for example:
(a) the identification of the goods, at a more detailed level than the Combined Nomenclature;
(b) the country of origin, on arrival;
(c) the region of origin, on dispatch, and the region of destination, on arrival;
(d) the delivery terms;
(e) the mode of transport;
(f) the statistical procedure.
Definitions of the statistical data referred to in points (b) to (f) are given in the Annex. Where necessary, the arrangements for the collection of this information, particularly the codes to be employed, shall be determined in accordance with the procedure referred to in Article 14(2).
Article 10 - Simplification within the Intrastat system
2. The thresholds shall be defined by each Member State, separately for arrivals and dispatches.
3. For defining thresholds below which parties are exempted from providing any Intrastat information, Member States shall ensure that information referred to in Article 9(1), first subparagraph, points (a) to (f), made available by the parties responsible for providing information, is such that at least 97 % of the relevant Member State's total trade expressed in value is covered.
4. Member States may define other thresholds below which parties may benefit from the following simplification:
(a) exemption from providing information about the quantity of the goods;
(b) exemption from providing information about the nature of the transaction;
(c) possibility of reporting a maximum of 10 of the detailed relevant subheadings of the Combined Nomenclature, that are the most used in terms of value, and regrouping the other products in accordance with rules determined in accordance with the procedure referred to in Article 14(2).
Every Member State applying these thresholds shall ensure that the trade of these parties shall amount to a maximum of 6 % of its total trade.
5. Member States may, under certain conditions, which meet quality requirements and which shall be defined in accordance with the procedure referred to in Article 14(2), simplify the information to be provided for small individual transactions.
6. The information on the thresholds applied by the Member States shall be sent to the Commission (Eurostat) no later than 31 October of the year preceding the year to which they apply.
Article 11 - Statistical confidentiality
Article 12 - Transmission of data to the Commission
(a) 40 calendar days after the end of the reference month for the aggregated data to be defined in accordance with the procedure referred to in Article 14(2);
(b) 70 calendar days after the end of the reference month in the case of detailed results including the information referred to in Article 9(1), first subparagraph, points (b) to (h).
As regards the value of the goods, the results shall include the statistical value only, as defined in the Annex.
Member States shall transmit to the Commission (Eurostat) the data which are confidential.
2. Member States shall provide the Commission (Eurostat) with monthly results which cover their total trade in goods by using estimates, where necessary.
3. Member States shall transmit the data to the Commission (Eurostat) in electronic form, in accordance with an interchange standard. The practical arrangements for the transmission of data shall be determined in accordance with the procedure referred to in Article 14(2).
Article 13 - Quality
2. Member States shall present to the Commission (Eurostat) a yearly report on the quality of the data transmitted.
3. The indicators and standards enabling the quality of the data to be assessed, the structure of the quality reports to be presented by the Member States and any measures necessary for assessing or improving the quality of the data shall be determined in accordance with the procedure referred to in Article 14(2).
Article 14 - Committee procedure
2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
3. The Committee shall adopt its Rules of Procedure.
Article 15 - Repeal
2. References to the repealed regulation shall be construed as being made to this Regulation.
Article 16 - Entry into force
It shall apply from 1 January 2005.
This Regulation shall be binding in its entirety and directly applicable in all Member States.