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ESTP course on International Trade in Goods Statistics

ESTP course on International Trade in Goods Statistics. 2 – 6 February 2015 Point 2 Legal framework for ITGS. Main topics. Primary law Secondary law (general; ITGS relevance) Subsidiarity Comitology Effect of the Lisbon Treaty on ITGS-legislation Co-ordination Eurostat - Member States

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ESTP course on International Trade in Goods Statistics

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  1. 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 • 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. Secondary law • 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) = Legal instruments based on the Treaties

  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 directiveCouncil 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 • 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 • 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) • 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 • CIRCABCCommunication and Information Resource Centre for Administrations, Businesses and Citizens) • Open source software • Tool used by the European Institutions • Internet based https://circabc.europa.eu • For ITGS: https://circabc.europa.eu/w/browse/158a338e-5c32-48df-b778-61bd6ecee62b • 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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