LegalizeRegulation (EC) No 451/2008 of the European Parliament and of the Council of 23 April 2008 establishing a new statistical classification of products by activity (CPA) and repealing Council Regulation (EEC) No 3696/93 (Text with EEA relevance)
Article 1
Subject matter and scope
This Regulation establishes a new common CPA within the Community in order to ensure relevance with respect to the economic reality and comparability between national, Community and international classifications and hence national, Community and international statistics.
The term ‘product’ shall refer to outputs of economic activities, whether goods or services.
This Regulation shall apply to the use of the classification for statistical purposes only.
Article 2
The levels and the structure of the CPA
The CPA shall comprise:
- (a) a first level, comprising headings identified by an alphabetical code (sections);
- (b) a second level, comprising headings identified by a two-digit numerical code (divisions);
- (c) a third level, comprising headings identified by a three-digit numerical code (groups);
- (d) a fourth level, comprising headings identified by a four-digit numerical code (classes);
- (e) a fifth level, comprising headings identified by a five-digit numerical code (categories); and
- (f) a sixth level, comprising headings identified by a six-digit numerical code (subcategories).
The CPA is set out in the Annex.
Article 3
Use of the CPA
The Commission shall use the CPA for all statistics classified according to products by activity.
Article 4
National classifications of products by economic activity
Member States may use the CPA for aggregated or detailed, national, specific or functional adaptation based on the subcategories of the CPA.
Those classifications shall be related to the CPA in accordance with the following rules:
- (a) classifications that are more aggregated than the CPA shall comprise precise aggregations of CPA subcategories;
- (b) classifications that are more detailed than the CPA shall comprise headings that are wholly contained within CPA subcategories.
The classifications that are derived in accordance with this paragraph may have a different coding.
Member States may use a national classification of products by economic activity derived from the CPA. In such a case, they shall forward to the Commission drafts defining their national classification. Within three months after receiving such a draft, the Commission shall verify the conformity of the envisaged national classification with paragraph 2 and shall transmit it to the other Member States for information. The Member States’ national classifications shall include a table of correspondence with the CPA.
Article 5
Commission activities
The Commission, in cooperation with the Member States, shall ensure the dissemination, maintenance and promotion of the CPA, in particular by:
- (a) drafting, updating and publishing explanatory notes relating to the CPA;
- (b) drawing up and publishing guidelines for the application of the CPA;
- (c) publishing tables of correspondence between the new version and the previous version of the CPA; the previous version and the new version of the CPA; and the CPA and the Combined Nomenclature (CN), which is reproduced in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff ([^E0001]); and
- (d) working to improve consistency with other classifications.
Article 6
Delegated and implementing acts
The following measures, designed to implement and update this Regulation, shall be adopted in accordance with the regulatory procedure referred to in Article 7(2):
- (a) decisions required in case of problems arising from implementing the CPA, including the assignment of products to specific classes; and
- (b) technical measures ensuring a fully coordinated transition from the previous version of the CPA.
The Commission is empowered to adopt delegated acts in accordance with Article 6a amending the Annex to take account of technological or economic developments or to align it with other economic and social classifications.
When exercising that power, the Commission shall ensure that the delegated acts do not impose a significant additional burden or cost on the Member States or on the respondents.
Consideration is to be given to the principle that the benefits of updating the CPA must outweigh its costs, and to the principle that additional costs and burden remain within a reasonable limit.
Article 6a
Exercise of the delegation
The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
The power to adopt delegated acts referred to in Article 6(2) shall be conferred on the Commission for a period of five years from 26 July 2019. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
The delegation of power referred to in Article 6(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making ([^E0002]).
As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
A delegated act adopted pursuant to Article 6(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.
Article 7
Committee
The Commission shall be assisted by the Statistical Programme Committee.
Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.
Article 8
Repeal of Regulation (EEC) No 3696/93
Regulation (EEC) No 3696/93 shall be repealed with effect from 1 January 2008.
Article 9
Entry into force
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply from 1 January 2008.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX
Classification of products by activity, Version 2.2 (CPA Ver. 2.2)
(n.e.c.: not elsewhere classified)
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