Commission Regulation (EC) No 1982/2004 of 18 November 2004 implementing Regulation (EC) No 638/2004 of the European Parliament and of the Council on Community statistics relating to the trading of goods between Member States and repealing Commission Regulations (EC) No 1901/2000 and (EEC) No 3590/92
EU Regulation No 1982/2004 · Adopted 18 November 2004 · Extends to United Kingdom
Commission Regulation (EC) No 1982/2004
of 18 November 2004
implementing Regulation (EC) No 638/2004 of the European Parliament and of the Council on Community statistics relating to the trading of goods between Member States and repealing Commission Regulations (EC) No 1901/2000 and (EEC) No 3590/92
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 638/2004 of the European Parliament and of the Council of 31 March 2004 on Community statistics relating to the trading of goods between Member Statesf1 and in particular Articles 3(4) and (5), 6(2), 8(2), 9, 10, 12 and 13(3) thereof,
Whereas:
(1)
Statistics relating to the trading of goods between Member States are based on the Regulation (EC) No 638/2004 of the European Parliament and of the Council which reconsiders the statistical provisions with a view to improving transparency and facilitating comprehension and which is adapted to meet current data requirements. Particular implementation arrangements are assigned to the Commission in accordance with Article 14(2) of the said Regulation. Therefore it is necessary to adopt a new Commission Regulation which should refer in a restrictive manner to the assigned responsibility and specify the implementing provisions. Commission Regulations (EC) No 1901/2000 of 7 September 2000 laying down certain provisions for the implementation of Council Regulation (EEC) No 3330/91 on the statistics relating to the trading of goods between Member Statesf2 and (EEC) No 3590/92 of 11 December 1992 concerning the statistical information media for statistics on trade between Member Statesf3 should therefore be repealed.
(2)
For methodological reasons a number of types of goods and movements should be exempted. It is necessary to draw up a comprehensive list of those goods to be excluded from the statistics to be sent to the Commission (Eurostat).
(3)
Goods are to be included in trade statistics at the time when they enter or leave the statistical territory of a country. However, special arrangements are needed when data collection takes account of fiscal and customs procedures.
(4)
A link between value added tax information and Intrastat declarations should be maintained in order to check the quality of the collected information. It is appropriate to determine the information to be transmitted by the national tax administration to the national authorities responsible for statistics.
(5)
Common definitions and concepts should apply to data collected within the Intrastat system in order to facilitate a harmonised application of the system.
(6)
With a view to transparency and equal treatment of the companies, harmonised and accurate provisions should be applied for the setting up of thresholds.
(7)
Appropriate provisions have to be determined for some specific goods and movements in order to ensure that the necessary information is collected in a harmonised way.
(8)
Common and appropriate timetables as well as provisions on adjustments and revisions have to be included in order to satisfy users’ needs for timely and comparable figures.
(9)
A regular assessment of the system is planned in order to improve the data quality and ensure the transparency of the functioning of the system.
(10)
The measures provided for in this Regulation are in accordance with the opinion of the Committee on the statistics relating to the trading of goods between Member States,
HAS ADOPTED THIS REGULATION:
Annotations to the whole text
Footnotes
- f1
- f2
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OJ L 228, 8.9.2000, p. 28. Regulation as last amended by Regulation (EC) 2207/2003 (OJ L 330, 18.12.2003, p. 15).
- f3
Contents
- Chapter 1: GENERAL PROVISIONS
- 1Subject matter
- 2Excluded goods
- 3Period of reference Repealed
- Chapter 2: COMMUNICATION OF INFORMATION BY THE TAX ADMINISTRATION
- 4Article 4 Repealed
- 5Information on VAT returns Repealed
- 6Information on recapitulative VAT statements Repealed
- Chapter 3: COLLECTION OF INTRASTAT INFORMATION
- 7Partner Member State and country of origin
- 8Value of the goods
- 9Quantity of the goods
- 10Nature of transaction
- 11Delivery terms
- 12Mode of transport
- Chapter 4: SIMPLIFICATION WITHIN INTRASTAT
- 13Article 13
- Chapter 4a: TRADE BY BUSINESS CHARACTERISTICS
- 13aCompilation of statistics on trade by business characteristics
- Chapter 5: RULES CONCERNING SPECIFIC GOODS AND MOVEMENTS
- 14Article 14
- 15Industrial plant
- 16Staggered consignments
- 17Vessels and aircraft
- 18Motor vehicle and aircraft parts
- 19Goods delivered to vessels and aircraft
- 20Goods delivered to and from offshore installations
- 21Sea products
- 22Spacecraft
- 23Electricity and gas
- 24Military goods
- Chapter 6: DATA TRANSMISSION TO EUROSTAT
- 25Article 25 Repealed
- Chapter 7: QUALITY REPORT
- 26Article 26 Repealed
- Chapter 8: FINAL PROVISIONS
- 27Article 27
- 28Article 28
- Signature
- Annex IList of goods excluded from statistics relating to the trading of goods between Member States and the United Kingdom
- Annex IIList of CN subheadings referred to Article 9(1) Repealed
- Annex IIIAnnex III
- Annex IVAnnex IV
- Annex VAnnex V
- Annex VIQuality indicators Repealed
- 1Division 1 Repealed
- 2Accuracy is one of the main needs of users. It can be assessed by indicators made up as follows: Repealed
- 3Timeliness shall be assessed by Eurostat by calculating the average time between the end of the reference month and transmission of the data to Eurostat, as follows: Repealed
- 4Accessibility to users gives value to statistical data, which is increased if the data are readily available in formats required by users. Clarity of the data available depends on the assistance provided in using and interpreting the statistics and on the available comments and analysis of results. Repealed
- 5Comparability aims at measuring the impact of differences in applied statistical concepts and definitions when statistics are compared between geographical areas, non-geographical domains, or reference periods. Repealed
- 6Coherence is defined by how well sets of statistics can be used together. Apart from External Trade Statistics, information on external trade can be found in National Accounts, Business Statistics and Balance of Payments. Repealed
- 7Division 7 Repealed
1Subject matter
This Regulation sets up the necessary measures for implementing Regulation (EC) No 638/2004 of the European Parliament and of the Council.
2Excluded goods
The goods listed in Annex I to this Regulation shall be excluded from statistics relating to the trading of goods between Member States F1and the United Kingdom.
3Period of referenceF1
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4F1
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5Information on VAT returnsF1
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6Information on recapitulative VAT statementsF1
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7Partner Member State and country of origin
The partner Member States and where collected, the country of origin shall be reported according to the version of the nomenclature of countries and territories in force.
8Value of the goods
The value of the goods shall be the taxable amount which is the value to be determined for F1value added tax purposes F2....
For products subject to duties, the amount of these duties shall be excluded.
Whenever the taxable amount does not have to be declared for value added tax purposes, a positive value has to be reported which shall correspond to the invoice value, excluding VAT, or, failing this, to an amount which would have been invoiced in the event of any sale or purchase.
In the case of processing, the value to be collected, with a view to and following such operations, shall be the total amount which would be invoiced in case of sale or purchase.
Additionally, F4the Commissioners for Her Majesty's Revenue and Customs may also collect the statistical value of the goods, as defined in the Annex to Regulation (EC) No 638/2004.
The value of the goods defined in paragraphs 1 and 2 shall be expressed in the national currency. The exchange rate to be applied shall be:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the official rate of exchange F6... applicable to calculating the value for customs purposes....
9Quantity of the goodsF1
The net mass shall be given in kilograms. However, where there is a supplementary unit mentioned according to paragraph 2, it is not mandatory to request the specification of net mass from the parties responsible for providing information.
The supplementary units shall be mentioned in accordance with the information set out in the Combined Nomenclature hereinafter referred to as ‘CN’ as established by Council Regulation (EEC) No 2658/87f1 opposite the subheadings concerned, the list of which is published in Part I ‘Preliminary provisions’ of the said Regulation.
References above and below to the CN – or to a CN Chapter, chapter or code – are references to the customs tariff, or to a corresponding provision of that tariff.
10Nature of transaction
The nature of transaction shall be reported according to the codes specified in the list of Annex III to this Regulation. F1The Commissioners for Her Majesty's Revenue and Customs shall apply the codes of column A or a combination of the code numbers in column A and their subdivisions in column B indicated in this list.
F2The Commissioners for Her Majesty's Revenue and Customs may collect code numbers F3... in column B ....
11Delivery terms
12Mode of transport
13
F1The Commissioners for Her Majesty's Revenue and Customs shall calculate F2the thresholds for the year following the current calendar year on the basis of the latest available results for F3the relevant trade F4... over a period of at least 12 months. The provisions adopted at the start of a year shall apply for the whole year.
The value of the trade of a party responsible for providing information is considered to be above the thresholds:
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13aCompilation of statistics on trade by business characteristicsF1
National authorities shall compile annual statistics on trade by business characteristics.
The statistical units shall be enterprises as defined in the Annex to Council Regulation (EEC) No 696/93f1.
Statistical units are constructed by linking the identification number allocated to the party responsible for providing information pursuant to Article 9(1)(a) of Regulation (EC) No 638/2004 with the legal unit of the Business Register in accordance with the variable 1.7a referred to in the Annex to Regulation (EC) No 177/2008 of the European Parliament and of the Councilf2.
The following characteristics shall be compiled:
trade flow;
statistical value;
partner Member State;
commodity code, according to the section or two-digit level as defined in the Annex to Regulation (EC) No 451/2008 of the European Parliament and of the Councilf3;
number of enterprises;
activity carried out by the enterprise according to the section or two-digit level of the statistical classification of economic activity (NACE) as laid down in Annex I to Regulation (EC) No 1893/2006 of the European Parliament and of the Councilf4;
size class, measured in terms of the number of employees according to the definitions of characteristics for structural business statistics as laid down in Annex I to Commission Regulation (EC) No 250/2009f5.
The following datasets shall be compiled:
matching rates between trade and business registers;
trade by activity and enterprise size class;
share of largest enterprises in terms of value of trade by activity;
trade by partner Member State and activity;
trade by number of partner Member States and activity;
trade by commodity and activity.
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14
In addition to the provisions of the Regulation (EC) No 638/2004, specific goods and movements shall be subject to the rules set out in this Chapter F1....
15Industrial plant
For the purpose of this Article:
‘industrial plant’ is a combination of machines, apparatus, appliances, equipment, instruments and materials which together make up large-scale, stationary units producing goods or providing services;
‘component part’ means a delivery for an industrial plant which is made up of goods which all belong to the same chapter of the CN.
Statistics on trade between Member States F1and the United Kingdom may cover only dispatches and arrivals of component parts used for the construction of industrial plants or the re-use of industrial plants.
F2The Commissioners for Her Majesty's Revenue and Customs when applying paragraph 2 may apply the following particular provisions on condition that the overall statistical value of a given industrial plant exceeds F3£2.62 million, unless they are complete industrial plants for re-use:
The commodity codes shall be composed as follows:
the first four digits shall be 9880,
the fifth and the sixth digits shall correspond to the CN chapter to which the goods of the component part belong,
the seventh and the eighth digits shall be 0.
The quantity shall be optional.
16Staggered consignments
For the purpose of this Article ‘staggered consignments’ means the delivery of components of a complete item in an unassembled or disassembled state which are shipped during more than one reference period for commercial or transport-related reasons.
The reference period for arrivals or dispatches of staggered consignments may be adjusted so that data are reported only once, in the month when the last consignment is received or dispatched.
17Vessels and aircraftF1
For the purposes of this Article:
‘vessel’ means vessels considered as seagoing in accordance with CN Chapter 89, tugs, warships and floating structures;
‘aircraft’ means aeroplanes falling within CN codes 8802 30 and 8802 40;
‘economic ownership’ means the right of a taxable person F2(for value added tax purposes, or for corresponding purposes under the law of a member State) to claim the benefits associated with the use of a vessel or aircraft in the course of an economic activity by virtue of accepting the associated risks.
Statistics relating to the trading of goods between Member States F3and the United Kingdom on vessels and aircraft shall cover only the following dispatches and arrivals:
the transfer of economic ownership of a vessel or aircraft from a taxable person established in the F6United Kingdom to a taxable person established in F7a Member State. This transaction shall be treated as a dispatch. Where the vessel or aircraft is new the dispatch is recorded F8if the United Kingdom is the country of construction;
the arrivals and dispatches of vessels or aircraft before or following processing under contract as defined in Annex III, footnote 2.
F9The Commissioners for Her Majesty's Revenue and Customs shall apply the following specific provisions on statistics relating to the trading of goods between Member States F10and the United Kingdom on vessels and aircraft:
the quantity shall be expressed in number of items and any other supplementary units laid down in the CN, for vessels, and in net mass and supplementary units, for aircraft;
the statistical value shall be the total amount that would be invoiced – transport and insurance costs excluded – in the event of sale or purchase of the whole vessel or aircraft;
the partner Member State shall be:
- (i)
the Member State where the taxable person transferring the economic ownership of the vessel or aircraft is established, on arrival, or the taxable person to whom the economic ownership of the vessel or aircraft is transferred, on dispatch, for the movements referred to in paragraphs 2(a) and (b);
- (ii)
the Member State of construction, on arrival in the case of new vessels or aircraft;
- (iii)
the Member State where the taxable person who exercises economic ownership of the vessel or aircraft is established, on arrival, or the Member State undertaking the processing under contract, on dispatch, for movements referred to in paragraph 2(c);
the reference period for arrivals and dispatches referred to in paragraphs 2(a) and (b) shall be the month when the transfer of economic ownership takes place.
At the request of the national authorities, the authorities responsible for managing the ships and aircraft registers shall provide all the information available to identify a change of economic ownership of a vessel or aircraft between taxable persons established in F11the United Kingdom.
18Motor vehicle and aircraft parts
19Goods delivered to vessels and aircraft
For the purposes of this Article:
‘delivery of goods to vessels and aircraft’ means the delivery of products for the crew and passengers, and for the operation of the engines, machines and other equipment of vessels or aircraft;
Statistics relating to the trading of goods between Member States F3and the United Kingdom shall cover only dispatches of goods delivered on the territory of the F4United Kingdom to vessels and aircraft belonging to F5a Member State. Dispatches shall cover all goods defined in Article 3(2)(a) and (b) of Regulation (EC) No 638/2004.
F6The Commissioners for Her Majesty's Revenue and Customs shall use the following commodity codes for goods delivered to vessels and aircraft:
9930 24 00 goods from CN chapters 1 to 24,
X19930 27 00 goods from CN chapter 27,
9930 99 00: goods classified elsewhere.
F7...
In addition, the simplified partner country code ‘QR’ may be used.
20Goods delivered to and from offshore installationsF1
For the purposes of this Article:
‘offshore installation’ means equipment and devices installed and stationary in the sea outside the statistical territory of any Member State F2and the United Kingdom;
‘goods delivered to offshore installations’ means the delivery of products for the crew and for the operation of engines, machines and other equipment of offshore installation;
‘goods obtained from or produced by offshore installations’ means products extracted from the seabed or subsoil, or manufactured by the offshore installation.
Statistics relating to the trading of goods between Member States F3and the United Kingdom shall record:
an arrival, where goods are delivered from:
- (i)
- (ii)
an offshore installation established in an area where a Member State has exclusive rights to exploit that seabed or subsoil to the United Kingdom;
- (iii)
an offshore installation established in an area where a Member State has exclusive rights to exploit that seabed or subsoil to an offshore installation in an area where the United Kingdom has exclusive rights to exploit that seabed or subsoil;
a dispatch, where goods are delivered to:
- (i)
a Member State from an offshore installation established in an area where the United Kingdom has exclusive rights to exploit that seabed or subsoil;
- (ii)
an offshore installation established in an area where a Member State has exclusive rights to exploit that seabed or subsoil from the United Kingdom;
- (iii)
an offshore installation established in an area where a Member State has exclusive rights to exploit that seabed or subsoil from an offshore installation established in an area where the United Kingdom has exclusive rights to exploit that seabed or subsoil.
F6The Commissioners for Her Majesty's Revenue and Customs shall use the following commodity codes for goods delivered to offshore installations:
9931 24 00: goods from CN chapters 1 to 24,
9931 27 00: goods from CN chapter 27,
9931 99 00: goods classified elsewhere.
For those deliveriesF7... the simplified partner Member State code ‘QV’ may be used.
21Sea productsF1
For the purposes of this Article:
‘sea products’ means fishery products, minerals, salvage and all other products which have not yet been landed by seagoing vessels;
a vessel shall be deemed to belong to the F2United Kingdom if that is where the taxable person who exercises the economic ownership of the vessel defined in Article 17(1)(c) is established.
Statistics relating to the trading of goods between Member States F3and the United Kingdom on sea products shall cover the following arrivals and dispatches:
the landing of sea products in a Member State’s ports from a vessel belonging to the United Kingdom, or their acquisition by vessels belonging to a Member State from vessels belonging to the United Kingdom. These transactions shall be treated as dispatches.
On arrival, the partner Member State shall be a Member State where the taxable person who exercises the economic ownership of the vessel, which is carrying out the capturing, is established and, on dispatch, F6a Member State where the sea products are landed or where the taxable person who exercises the economic ownership of the vessel, acquiring the sea products, is established.
Provided that there is no conflict with other F7... law, national authorities shall have access to all available data sources that they may need to apply this Article, in addition to those of the Intrastat system or customs declaration.
22SpacecraftF1
For the purposes of this Article:
‘spacecraft’ means vehicles which are able to travel outside the earth’s atmosphere;
‘economic ownership’ means the right of a taxable person to claim the benefits associated with the use of a spacecraft in the course of an economic activity by virtue of accepting the associated risks.
The launching of a spacecraft for which economic ownership has been transferred between two taxable persons F2one of whom is established in F3the United Kingdom shall be recorded:
as a dispatch in the F4country of construction of the finished spacecraft;
as an arrival in the country where the new owner is established.
The following specific provisions shall apply to the statistics referred to in paragraph 2:
the data on the statistical value shall be defined as the value of the spacecraft, excluding transport and insurance costs;
the data on the partner Member State shall be the F5country of construction of the finished spacecraft, on arrival, and the country where the new owner is established, on dispatch.
Provided that there is no conflict with other F6... law, national authorities shall have access to all available data sources that they may need to apply this Article, in addition to those of the Intrastat system or customs declarations.
23Electricity and gasF1
Statistics relating to the trading of goods between Member States F2and the United Kingdom shall cover dispatches and arrivals of electricity and natural gas.
Provided that there is no conflict with other F3... legislation, national authorities shall have access to all available additional data sources other than those of the Intrastat System or the Single Administrative Document for customs or fiscal purposes which they may need F4.... National authorities may require that information is provided directly by operators established in the F5United Kingdom which own or operate the national transmission network for electricity or natural gas.
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24Military goods
25F1
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26F1
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27
Regulation (EC) No 1901/2000 and Regulation (EEC) No 3590/92 are hereby repealed with effect from 1 January 2005.
28
This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2005.
Signature
F1...
Annex IList of goods excluded from statistics relating to the trading of goods between Member States and the United KingdomF1F2
- (a)
monetary gold;
- (b)
means of payment which are legal tender and securities, including means which are payments for services such as postage, taxes, user fees;
- (c)
goods for or following temporary use (e.g. hire, loan, operational leasing), provided all the following conditions are met:
no processing is or was planned or carried out,
the expected duration of the temporary use was or is not intended to be longer than 24 months,
the dispatch/arrival has not to be declared F3... for VAT purposes;
- (d)
goods moving between:
F4the United Kingdom and its territorial enclaves in F5... Member States, and
the United Kingdom and territorial enclaves of ... Member States or international organisations.
Territorial enclaves include embassies and national armed forces stationed outside the territory of the mother country;
- (e)
goods used as carriers of customised information, including software;
- (f)
software downloaded from the Internet;
- (g)
goods supplied free of charge which are themselves not the subject of a commercial transaction, provided that the movement is with the sole intention of preparing or supporting an intended subsequent trade transaction by demonstrating the characteristics of goods or services such as:
advertising material,
commercial samples;
- (h)
goods for and after repair and replacement parts that are incorporated in the framework of the repair and replaced defective parts;
- (i)
means of transport travelling in the course of their work, including spacecraft launchers at the time of launching.
Annex IIList of CN subheadings referred to Article 9(1)F1
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Annex IIIF1
List of nature of transactions codes
| Financial leasing covers operations where the lease instalments are calculated in such a way as to cover all or virtually all of the value of the goods. The risks and rewards of ownership are transferred to the lessee. At the end of the contract the lessee becomes the legal owner of the goods. | |
| Processing covers operations (transformation, construction, assembling, enhancement, renovation …) with the objective of producing a new or really improved item. This does not necessarily involve a change in the product classification. Processing activities on a processor’s own account are not covered by this item and should be registered under item 1 of column A. | |
| A | B |
|---|---|
| 1. Transactions involving actual or intended transfer of ownership from residents to non-residents against financial or other compensation (except the transactions listed under 2, 7 and 8) | 1. Outright purchase/sale 2. Supply for sale on approval or after trial, for consignment or with the intermediation of a commission agent 3. Barter trade (compensation in kind) 4. Financial leasing (hire-purchase) f1 9. Other |
| 2. Return and replacement of goods free of charge after registration of the original transaction | 1. Return of goods 2. Replacement for returned goods 3. Replacement (e.g. under warranty) for goods not being returned 9. Other |
| 3. Transactions involving transfer of ownership without financial or in kind compensation (e.g. aid shipments) | |
| 4. Operations with a view to processing f2 under contract (no transfer of ownership to the processor) | 1. Goods expected to return to the initial Member State of dispatch 2. Goods not expected to return to the initial Member State of dispatch |
| 5. Operations following processing under contract (no transfer of ownership to the processor) | 1. Goods returning to the initial Member State of dispatch 2. Goods not returning to the initial Member State of dispatch |
| 6. Particular transactions recorded for national purposes | |
| 7. Operations under joint defence projects or other joint intergovernmental production programs | |
| 8. Transactions involving the supply of building materials and technical equipment under a general construction or civil engineering contract for which no separate invoicing of the goods is required and an invoice for the total contract is issued | |
| 9. Other transactions which cannot be classified under other codes | 1. Hire, loan, and operational leasing longer than 24 months 9. Other |
Annex IV
Coding of delivery terms
Additional information (when required): | ||
| Meaning | Place to be indicated, when required | |
|---|---|---|
| Incoterm Code | Incoterm ICC/ECE Geneva | |
| EXW | ex-works | location of works |
| FCA | free carrier | agreed place |
| FAS | free alongside ship | agreed port of loading |
| FOB | free on board | agreed port of loading |
| CFR | cost and freight (C&F) | agreed port of destination |
| CIF | cost, insurance and freight | agreed port of destination |
| CPT | carriage paid to | agreed place of destination |
| CIP | carriage and insurance paid to | agreed place of destination |
| DAF | delivered at frontier | agreed place of delivery at frontier |
| DES | delivered ex-ship | agreed port of destination |
| DEQ | delivered ex-quay | after customs clearance, agreed port |
| DDU | delivered duty unpaid | agreed place of destination in arriving country |
| DDP | delivered duty paid | agreed place of delivery in arriving country |
| XXX | delivery terms other than the above | precise statement of terms specified in the contract |
Annex V
Coding of mode of transport
| Code | Title |
|---|---|
| 1 | Sea transport |
| 2 | Rail transport |
| 3 | Road transport |
| 4 | Air transport |
| 5 | Postal consignment |
| 7 | Fixed transport installations |
| 8 | Inland waterway transport |
| 9 | Own propulsion |
Annex VIQuality indicatorsF1
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1F1
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2Accuracy is one of the main needs of users. It can be assessed by indicators made up as follows:F1
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3Timeliness shall be assessed by Eurostat by calculating the average time between the end of the reference month and transmission of the data to Eurostat, as follows:F1
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4Accessibility to users gives value to statistical data, which is increased if the data are readily available in formats required by users. Clarity of the data available depends on the assistance provided in using and interpreting the statistics and on the available comments and analysis of results.F1
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5Comparability aims at measuring the impact of differences in applied statistical concepts and definitions when statistics are compared between geographical areas, non-geographical domains, or reference periods.F1
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6Coherence is defined by how well sets of statistics can be used together. Apart from External Trade Statistics, information on external trade can be found in National Accounts, Business Statistics and Balance of Payments.F1
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7F1
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