1. ESTP course on International Trade in Goods Statistics
ESTP training on ITGS; 2 - Org. / legal framework
22 April 2013
ESTP course on International Trade in Goods Statistics
2 – 6 February 2015
Point 2 Legal framework for ITGS

2. Main topics Primary law Secondary law (general; ITGS relevance)
Subsidiarity
Comitology
Effect of the Lisbon Treaty on ITGS-legislation
Co-ordination Eurostat - Member States
CIRCABC (IT-tool)

3. “Hierarchy” Primary law Secondary legislation [relating to ITGS:
Basic act
Implementing provisions]
Co-ordination between Member States and Eurostat

4. Primary law
= The supreme source of law of the EU (it prevails over all other sources of law)
Treaties of the EU
formal and substantive provisions
framing the implementation of EU policies
determining the division of competences between the EU and the Member States
Reference to Statistics:
Article 338 of the Treaty on the Functioning of the EU: “… European Parliament and the Council shall adopt measures for the production of statistics ..”

5. Primary law (2) Principle of subsidiarity Three criteria:
established in Article 5 of the Treaty on the EU
fundamental to European decision-making
determines when the EU is competent to legislate
Three criteria:
Does the action have transnational aspects that cannot be resolved by Member States?
Would national action or an absence of action be contrary to the requirements of the Treaty?
Does action at European level have clear advantages?

6. = Legal instruments based on the Treaties
Secondary law
= Legal instruments based on the Treaties
Directive
Obliges Member States to achieve a result
Leaves MSs the choice how to obtain the result
Legislation with view to harmonise national legislations
Regulation
legislation of general application,
binding in their entirety
directly applicable in all Member States
(Decisions)
(Opinions)
(Recommendations)

7. Secondary law relating to ITGS
Two different domains in ITGS:
Statistics on trade
with non-Member countries (Extra-EU trade statistics)
between Member States (Intra-EU trade statistics)
“Regulation” is the appropriate legal instrument to achieve the required results

8. Secondary law relating to ITGS (1)
Legislation on Extra- and Intra-EU trade statistics

9. EU institutions involved in law making
European Parliament
directly elected by EU’s citizens and represents them
Council of the European Union
represents Member States' governments
Council Presidency is shared by the Member States on a rotating basis
European Commission
represents the interests of the Union as a whole
ensures that laws are properly applied and implemented

10. Secondary law relating to ITGS (2)
Approach for present legislation on Extra- and Intra-EU trade statistics
Basic Regulation
Lays down fundamental rules (e.g. scope, basic definitions)
Proposed by the Commission (drafted by Eurostat)
Decided by European Parliament and Council
right to modify the proposal
common agreement -> adoption
publication in the Official Journal of the EU
Provides for possibility to set up Commission Regulations
Provides for Comitology

11. Secondary law relating to ITGS (3)
Approach for present legislation on Extra- and Intra-EU trade statistics
Implementing Regulation
Separate act that
Complements or amends the rules of the Basic act
Contains more specific or technical provisions
Proposal by the Commission (drafted by Eurostat)
Voted by Member States (Comitology)
(note: system was changed by the Lisbon Treaty (è page 13 )

12. Secondary law with relevance for ITGS
Geonomenclature “2013”
Commission Regulation (EU) No 1106/2012; nomenclature of countries and territories for ITGS
Statistical Law
Regulation (EC) No 223/2009 of the European Parliament and Council on the European Statistical System
Combined Nomenclature
Commission Implementing Regulation (EU) No 1101/2014; nomenclature of goods for customs and statistics
Community Customs Code and its IPs
Council Regulation (EEC) No 2913/92 (CC); Commission Regulation (EEC) No 2454/93 (CCIP)
VAT directive Council Directive 2006/112/EC

13. NEW – Legal norms (1)
Treaty of Lisbon (1 December 2009): new hierarchy of norms within secondary legislation
Legislative act
(= Basic Act, adopted by European Parliament and Council ; see page 10)
The act would contain an empowerment to the Commission to adopt
Delegated Acts (NEW)
Implementing Acts (NEW)

14. NEW – Legal norms (2) Delegated act Implementing act
Supplements or amends the rules of the basic act
Adopted by the Commission
No Comitology, but prior consultation of MS in expert groups
Right of Parliament or Council to revoke empowerment
Implementing act
Assure the uniform application of existing rules
Voted by MSs under Comitology

15. NEW – ITGS aspects
2013: Commission's legal proposals to align the ITGS basic acts to the Lisbon Treaty to reflect the changes in the conferral of power to Commission
2014: Amendment to the Intrastat basic act
Regulation (EU) No 659/2014 of the European Parliament and of the Council amending Regulation (EC) No 638/2004 … as regards conferring delegated and implementing powers on the Commission
2015: Amendment to the Extrastat basic act
(still under discussion between the legislators, but supposed to enter into force in 2015)

16. NEW – Consequences on ITGS
ESS Committee*) replaces Extrastat / Intrastat Committee
New working structure for the co-operation Eurostat — Member States
Group of Directors of Business Statistics
Expert groups (presence of Parliament possible when preparing Delegates Acts) and sub-groups
meetings in the margins of the ESSC (for Member States' voting of proposal for Implementing Acts)
*) Art. 7 Reg. (EC) No 223/2009

17. Comitology
Comitology (=Member States' controls of the Commission’s exercise of im- plementing powers through a Committee; Reg. (EU) No 182/2011)
Committee:
is referenced in the respective Basic Act
is composed of representatives of MSs
is to assist the Commission in preparing implementing acts
votes on the Commission’s proposal for such acts
offer also a forum for discussion between Commission and Member States' administrations

18. Co-ordination Member States / Eurostat
ESTP training on ITGS; 2 - Org. / legal framework
22 April 2013
Co-ordination Member States / Eurostat
Unit G5: Formal Expert Group 'Steering Group of international trade in goods statistics' (SG-ITGS)
Established mid 2014; three meetings per year
Provide advice and expertise
Preparation of ITGS dossiers, including the prepa- ration of delegated acts (for decision by the Business Statistics Directors Group)
Endorsement of harmonised ITGS rules for Member States (incl. EFTA/EEA countries)

19. Co-ordination Member States / Eurostat (2)
ESTP training on ITGS; 2 - Org. / legal framework
22 April 2013
Co-ordination Member States / Eurostat (2)
Subgroups of SG-ITGS:
Established by the SG-ITGS, 2-3 meetings per year
Composed of technical experts from Member States’ and EFTA statistical administrations
Clearly defined technical role/mandate/scope
Reports results back to the SG-ITGS

20. Co-ordination Member States / Eurostat (4)
ITGS Working Group on Methodology
Preparation of the legal framework for the imple- mentation of the Intrastat and Extrastat systems
Development of guidelines for the implementation of Extrastat and Intrastat Regulations
Development of best practices and solutions to the problems raised by Member States
ITGS Working Group on Compilation and Quality
Quality aspects of statistics in legislation (quality assessment, monitoring and reporting)
To establish close cooperation on data compilation and quality issues between Eurostat and NSIs

21. Useful practical tool
CIRCABC Communication and Information Resource Centre for Administrations, Businesses and Citizens)
Open source software
Tool used by the European Institutions
Internet based
For ITGS:
closed space to share and exchange information (files / newsgroups)
user account required (id + password for ECAS)
reflects task structures of our unit