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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
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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)
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“Hierarchy” Primary law Secondary legislation [relating to ITGS:
Basic act Implementing provisions] Co-ordination between Member States and Eurostat
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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 ..”
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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?
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= 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)
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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
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Secondary law relating to ITGS (1)
Legislation on Extra- and Intra-EU trade statistics
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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
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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
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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 )
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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
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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)
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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
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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)
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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
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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
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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)
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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
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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
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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
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