16.6.2009 Official Journal of the European Union L 152/23 REGULATION (EC) No 471/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 6 May 2009 on Community statistics relating to external trade with non-member countries and repealing Council Regulation (EC) No 117295 (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 285(1) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the European Central Bank (!), Acting in accordance with the procedure laid down in Article 251 of the Treaty (3), Whereas: 1) The statistical information on Member States’ trade flows with non-member countries is of essential importance for the Community’s economic and trade policies and for analysing market developments for individual goods. The transparency of the statistical system should be improved to enable it to react to the changing administrative envi- ronment and to satisfy new user requirements. Council Regulation (EC) No 1172/95 of 22 May 1995 on the statistics relating to the trading of goods by the Community and its Member States with non-member countries () should therefore be replaced by a new Regu- lation in conformity with the requirements set out in Article 285(2) of the Treaty. External trade statistics are based on data obtained from customs declarations, as provided for in Council Regu- lation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (¥) (hereinafter referred to as the Customs Code). Progress in European integration and the resulting changes in customs clearance, including single authorisations for the use of the simplified declaration or the local clearance procedure, as well as centralised clearance, which will emanate from the current process of modernisation of the Customs Code as laid down in Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code () OJ C 70, 15.3.2008, p. 1. (%) Opinion of the European Parliament of 23 September 2008 (not yet published in the Official Journal), Council Common Position of 16 February 2009 (O] C 75 E, 31.3.2009, p. 58) and Position of the European Parliament of 2 April 2009 (not yet published in the Official Journal). () OJ L 118, 25.5.1995, p. 10. (*) OJ L 302, 19.10.1992, p. 1. ( ( ( ’) %) ’) (Modernised Customs Code) (°) (hereinafter referred to as the Modernised Customs Code) warrant a number of changes. In particular, they make it necessary to adjust the way external trade statistics are compiled, to reconsider the concept of the importing or exporting Member State, and to define more precisely the data source for compiling Community statistics. Simplifications of customs formalities and controls under the Modernised Customs Code can lead to customs declarations not being available. In order to keep the compilation of external trade statistics complete, measures should be adopted which ensure that those economic operators who benefit from the simplification provide statistical data. Decision No 70/2008/EC of the European Parliament and of the Council of 15 January 2008 on a paperless envi- ronment for customs and trade (°) will set up an electronic customs system for the exchange of data contained in customs declarations. In order to record the physical trade flow of goods between Member States and non- member countries and to ensure that data on imports and exports is available in the Member State concerned, arrangements between customs and statistical authorities are necessary and should be specified. This includes rules on the exchange of data between Member States’ admin- istrations. This data exchange system should benefit as far as possible from the infrastructure established by the customs authorities. In order to allocate Community exports and imports to a given Member State, it is necessary to compile data on the ‘Member State of destination’, for imports, and the ‘Member State of actual export, for exports. In the medium term, those Member States should become the importing and the exporting Member State for external trade statistics purposes. For the purposes of this Regulation, goods for external trade purposes should be classified in accordance with the Combined Nomenclature established by Council Regulation (EEC) No 265887 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (') (hereinafter referred to as the Combined Nomenclature). 145, 4.6.2008, p. 1. oJ L 0] L 23, 26.1.2008, p. 21. oJ L 256, 7.9.1987, p. 1.