31975R3065
27 . 11 . 75 Official Journal of the European Communities No L 307 / 1
I
(Acts whose publication is obligatory)
REGULATION ( EEC) No 3065 /75 OF THE COUNCIL of 24 November 1975 amending Council Regulation (EEC) No 1445/72 concerning the nomenclature of goods for the external trade statistics of the Community and statistics of trade between Member States ( NIMEXE)
THE COUNCIL OF THE EUROPEAN Whereas statistical subdivisions introduced for COMMUNITIES, national purposes should not be allowed to diverge in a way which might hinder the proper development of Having regard to the Treaty establishing the European NIMEXE ; whereas, therefore, these national require Economic Community, and in particular Article 235 ments should be satisfied as far as possible by means thereof ; of optional items in NIMEXE :
Having regard to the proposal from the Commission ; Whereas Member States should still be permitted to collect national data where their requirements are too specific to be taken account of in NIMEXE and where Having regard to the Opinion of the European Parlia measures taken to this end do not hinder the develop ment ( J ) ; ment of the latter, Whereas Council Regulation (EEC) No 1445/72 (2) of 24 April 1972 concerning the nomenclature of goods for the external trade statistics of the Community and HAS ADOPTED THIS REGULATION : statistics of trade between Member States (NIMEXE) stipulates in Article 2 (2) that the Council, acting unan imously on a proposal from the Commission, shall lay down detailed rules for the application of NIMEXE by Article 1 the Member States ; whereas amendments to certain provisions of the abovementioned Regulation should Article 2 of Regulation (EEC) No 1445/72 shall be be made in fixing these rules in order to take account replaced by the following : of the experience gained since the entry into force of the abovementioned Regulation ; ' Article 2
Whereas only through the application in its entirety 1 . NIMEXE shall be used by the Community of NIMEXE by the Community and its Member and by the Member States for statistics relating to States can the objectives set out in Regulation (EEC) the external trade of the Community and to trade No 1445/72 be attained effectively and within a between Member States . reasonable period, providing the implications of any changes to NIMEXE would be covered by available funds ; 2. Use of the headings included in NIMEXE in accordance with the third indent of Article 5 ( 1 ) is optional . Whereas the application in its entirety of NIMEXE will assist the negotiations which the Commission and the Member States are to conduct in the Customs 3 . Member States may continue until 31 December 1977 to use their national nomencla Cooperation Council to establish a harmonized commodity description and coding system for interna tures for statistics relating to the external trade of tional trade and in the United Nations to establish a the Community and to trade between Member nomenclature of all goods and services ; States . In that case they must, however, ensure that each heading of their national nomenclature is (>) OJ No C 140 , 13 . 11 . 1974, p. 68 . transposable into the appropriate NIMEXE (2 ) OJ No L 161 , 17. 7. 1972, p. 1 . heading.
No L 307 / 2 Official Journal of the European Communities 27 . 11 . 75
4 . By derogation from paragraphs 1 , 2 and 3 , Article 4 Belgium, Luxembourg and the Netherlands need Preliminary provisions 1 and 2 of NIMEXE shall be not apply NIMEXE when drawing up statistics on their mutual trade .' replaced by the following : ' 1 . The NIMEXE headings correspond either to Article 2 headings of the nomenclature for the classification of goods in customs tariffs ( Brussels Nomenclature The following third indent shall be added to Article 5 or BTN) or subheadings of the Common Customs ( 1 ) of Regulation (EEC) No 1445/72 : Tariff nomenclature (CCT), in so far as these have '— the inclusion in NIMEXE of statistical subdivi not been grouped together or replaced by statis tical subdivisions , or to statistical subdivisions of sions introduced for national purposes which will at the same time facilitate the correlation headings of the BTN or of subheadings of the nomenclature of the CCT. In addition , certain or adaptation referred to in the second indent.' items which do not so correspond have been intro duced for specific purposes (for example, goods Article 3 carried by post, goods declared as ships' stores, Article 6 of Regulation (EEC) No 1445/72 shall be etc .). replaced by the following : The application of some of the NIMEXE headings ' Article 6 which correspond to statistical subdivisions or have been introduced for specific purposes is 1 . Without prejudice to Article 5 , Member optional . States may continue to use the statistical subdivi sions introduced for national purposes already in 2. Each NIMEXE heading comprises a code use on the date on which this Regulation enters number, a text and, where appropriate, a supple into force , and shall forward a list thereof to the mentary unit . However, the optional NIMEXE Commission within three months of the date . headings have no code numbers.'
2 . Each Member State may amend or delete the Article 5 statistical subdivision referred to in paragraph 1 or adopt further subdivisions for national purposes In the German version of preliminary provisions 3 provided it informs the Commission thereof and 5 of NIMEXE the word 'Warennummer' shall be within not less than one month before the entry replaced by the word 'Warenposition'. into force of the proposed measure . Article 6 3 . Should the Commission envisage including in NIMEXE , the statistical subdivisions referred to This Regulation shall enter into force on the third day in paragraphs 1 and 2, it will refer the matter to following its publication in the Official Journal of the Committee in accordance with Article 5 (2).' the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States .
Done at Brussels, 24 November 1975 .
For the Council
The President
B. VISENTINI