The use of the term is not common vs To use the term is not is not common

Some examples from the web:

• The common position on the Directive defines the term 'best available technology', which means that an agreed basis for the use of the term is already in place.
• Since 1991, the EU has had common minimum rules governing the use of the terms organic farming and organic products.
• The use of the terms 'humanised', 'maternised', 'adapted' or similar terms is prohibited on the label of these products.
• The use of the term 'airport slots' in this context is unclear.
• There are also major discrepancies in the use of the term 'quantitative prevention'.
• This amendment seeks to remove the interpretation difficulties arising from the use of the term 'proportional'.
• You may be shocked by the use of the term asylum cheater.
• The use of the term 'environment-friendly' has in recent months become commonplace.
• We all know that the present institutional arrangements supporting and providing the infrastructure for CFSP are, to use a common term of art in the European Union, 'sub-optimal'.
• References to the common agricultural policy or to agriculture, and the use of the term «agricultural», shall be understood as also referring to fisheries, having regard to the specific characteristics of this sector.
• The use of the term "additional" implies that there may be more demanding requirements than contained in the framework regulation.
• This amendment removed the use of the term 'region' to apply to smaller territorial units.
• The use of the term «market-making» in respect of this activity highlights the extent to which dealers could substitute for on-exchange trading.
• The use of the term 'crémant' must always be associated with a name identifying a production region.
• By virtue of this communication, the Member States are free to ban the use of the term yoghurt on their territory for heat-treated products.
• There is some confusion as regards terminology as well, for example in the use of the terms undertakings and firms.
• The use of the term humane trapping standards
• There must likewise be some tradition behind the use of the term in the third country.
• That conclusion does not have as a necessary consequence that the use of the term 'Liliput' becomes unlawful.
• In order to prevent consumers being misled, the use of the term 'mountain product' for products of animal origin should be clarified.

Some examples from the web:

• We all know that the present institutional arrangements supporting and providing the infrastructure for CFSP are, to use a common term of art in the European Union, 'sub-optimal'.
• They just appeared, people began to use the term heavy metal.
• It is not appropriate to use the term Stalinism.
• I would like to use the term 'cyber-terrorism'.
• We should not be spending time debating when to use the terms terrorism or fight for freedom.
• Slaughterhouses authorised to use the terms referred to in Article 11 shall be subject to special registration.
• It is therefore appropriate to use the term 'preserved tuna'.
• Slaughterhouses authorized to use the terms reffered to in Article 10 shall be subject to special registration.
• It seems to be appropriate to use the term 'another parliament' consistently with the wording of the Statute for Members.
• In view of the changes made to the Postal Services Directive, it would be better to use the term 'universal service'.
• In order to bring this about, it is imperative to use the term 'decision'.
• It's hard to use the term in Cres' case.
• A Burundi representative, however, lodged objections and after that, we had to use the term "inquiry".
• Only then is it justified to use the term the Commission takes as the heading for its communication on the chemical industry: an example.
• At the moment, people seem too ready to use the term piracy'.
• It is doubtful whether, where genetically modified organisms are used, it is possible to use the term organic farming at all.
• If it is to be possible to use the term "judicial area", then legal security must prevail there.
• I was going to use the term "mistaken", but yes.
• It will therefore reach a safe biological level, to use the term recently used by the Commissioner.
• Other Member States, today, would like to use the term 'crémant'.