Legal provisions of COM(1994)78 - Community action in the field of statistics - Main contents
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dossier | COM(1994)78 - Community action in the field of statistics. |
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document | COM(1994)78 |
date | February 17, 1997 |
Contents
- CHAPTER I -
- Article 1
- Article 2
- CHAPTER II -
- Article 3
- Article 4
- Article 5
- Article 6
- Article 7
- Article 8
- Article 9
- CHAPTER III -
- Article 10
- CHAPTER IV -
- Article 11
- Article 12
- CHAPTER V -
- Article 13
- Article 14
- Article 15
- Article 16
- Article 17
- Article 18
- CHAPTER VI -
- Article 19
- Article 20
- Article 21
- Article 22
- Article 23
CHAPTER I -
Article 1
The national authorities at national level and the Community authority at Community level shall be responsible for the production of Community statistics in compliance with the principle of subsidiarity.
To guarantee comparability of results, Community statistics shall be produced on the basis of uniform standards and, in specific, duly justified cases, of harmonized methods.
Article 2
- 'Community statistics` shall mean quantitative, aggregated and representative information taken from the collection and systematic processing of data, produced by the national authorities and the Community authority in the framework of implementation of the Community statistical programme in accordance with Article 3 (2),
- 'production of statistics` shall mean the process encompassing all the activities necessary for the collection, storage, processing, compilation, analysis and dissemination of the statistical information,
- 'national authorities` shall mean national statistical institutes and other bodies responsible in each Member State for producing Community statistics,
- 'Community authority` shall mean the Commission department responsible for carrying out the tasks devolving on the Commission as regards the production of Community statistics (Eurostat).
CHAPTER II -
Article 3
The Community statistical programme shall constitute the framework for the production of all Community statistics. If necessary, it may be updated.
The Commission shall prepare a report on the implementation of the programme at the end of the period covered by the programme.
The Commission shall submit the guidelines for establishing the Community statistical programme for prior examination by the Statistical Programme Committee and, within the framework of their respective powers, by the European Advisory Committee on Statistical Information in the Economic and Social Spheres and the Committee on Monetary, Financial and Balance of Payments Statistics.
2. The Community statistical programme referred to in paragraph 1 shall be implemented by individual statistical actions. These actions shall be either:
(a) decided on by the Council in accordance with the appropriate Treaty provisions; or
(b) decided on by the Commission under the conditions laid down in Article 6 and in accordance with the procedure laid down in Article 19; or
(c) decided on by means of agreement between the national authorities and the Community authority within their respective spheres of competence.
3. Each year, before the end of May, the Commission shall submit for examination by the Statistical Programme Committee its work programme for the following year. This programme shall indicate in particular:
- the actions which the Commission considers to have priority, bearing in mind both national and Community financial constraints,
- the procedures and any legal instruments envisaged by the Commission for the implementation of the programme.
The Commission will take the utmost account of the comments of the Statistical Programme Committee. The Commission will take the action it considers most appropriate.
Article 4
- the reasons justifying the action envisaged, notably in the light of the aims of the Community policy concerned,
- the precise objectives for the action and an evaluation of the expected results,
- the procedures for implementing the action, its length and the role of the national authorities and the Community authority,
- the role of the relevant specialist committees,
- the means by which burdens on respondents will be minimized,
- a cost-effectiveness analysis which takes into account the financing costs of the action both for the Community and for the Member States,
- the international statistical recommendations to be observed in the fields covered.
Article 5
Article 6
- the action must not last for more than one year,
- the data to be gathered must be already available or accessible within the national authorities responsible, or, in exceptional cases, data which can be gathered directly,
- any additional costs incurred at national level as a result of the action must be borne by the Commission.
Article 7
Article 8
Article 9
Although the European Monetary Institute and the national central banks do not participate in the production of Community statistics, by analogy with Article 3 (2) (c), following an agreement between a national central bank and the Community authority within their respective spheres of competence and without prejudice to national arrangements between the national central bank and the national authority, data produced by the central bank may be used, directly or indirectly, by national authorities and the Community authority for the production of Community statistics.
CHAPTER III -
Article 10
The principles referred to in the first subparagraph are defined as follows:
'impartiality` is an objective and independent manner of producing Community statistics, free from any pressure from political or other interest groups, particularly as regards the selection of techniques, definitions and methodologies best suited to the attainment of the objectives as set out. It implies the availability of statistics, with a minimum delay, to all users (Community institutions, governments, social and economic operators, academic circles and the public in general);
'reliability` is the characteristic of Community statistics to reflect as faithfully as possible the reality which they are designed to represent. It implies that scientific criteria are used for the selection of sources, methods and procedures. Any information on the coverage, methodology, procedures and sources will also improve data reliability;
'relevance` shall mean that the production of Community statistics is a function of clearly defined requirements determined by the Community objectives. These requirements determine the fields, timeliness and scale of statistics, which should keep abreast of new demographic, economic, social and environmental developments at all times. Data collection should be limited to what is necessary for attaining the desired results. The production of Community statistics which has ceased to be of interest for Community objectives should be abandoned;
'cost-effectiveness` shall mean the optimum use of all available resources and the minimization of the burden on respondents. The amount of work and the costs which the production of statistics requires should be in proportion to the importance of the results/benefits sought;
'statistical confidentiality` shall mean the protection of data related to single statistical units which are obtained directly for statistical purposes or indirectly from administrative or other sources against any breach of the right to confidentiality. It implies the prevention of non-statistical utilization of the data obtained and unlawful disclosure;
'transparency` shall mean the right of respondents to have information on the legal basis, the purposes for which the data are required and the protective measures adopted. The authorities responsible for collecting Community statistics shall take every step to supply such information.
CHAPTER IV -
Article 11
2. Dissemination shall be carried out in such a way that access to Community statistics is rendered simple and impartial throughout the Community.
3. The dissemination of Community statistics shall be carried out by the Community authority and national authorities within their respective spheres of competence.
Article 12
CHAPTER V -
Article 13
To determine whether a statistical unit is identifiable, account shall be taken of all the means that might reasonably be used by a third party to identify the said statistical unit.
2. By derogation from paragraph 1, data taken from sources which are available to the public and remain available to the public at the national authorities according to national legislation, shall not be considered confidential.
Article 14
Article 15
Article 16
2. The practical arrangements and the limits and conditions for achieving effective access shall be determined where necessary by each Member State and the Commission in their respective spheres of competence.
3. The use of confidential data obtained from administrative or other sources by the national authorities or by the Community authority for the production of Community statistics does not affect the use of the data for the purposes for which they were originally collected.
Article 17
2. Access for scientific purposes to confidential data transmitted to the Community authority in accordance with Article 14 may be granted by that authority, if the national authority which provided the data requested has given its explicit approval for such use.
Article 18
2. Officials and other servants of the national authorities or of the Community authority having access to data subject to Community legislation which imposes statistical confidentiality shall be subject to compliance with such confidentiality, even after the cessation of their functions.
CHAPTER VI -
Article 19
2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.
3. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee.
(b) If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.
If, on the expiry of a period of three months from the date of referral, the Council has not acted, the proposed measures shall be adopted by the Commission.
Article 20
2. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote.
3. (a) The Commission shall adopt measures which shall apply immediately.
(b) However, if these measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith.
In that event, the Commission shall defer application of the measures which it has decided for a period of three months from the date of referral to the Council.
The Council, acting by a qualified majority, may take a different decision within the time limit referred to in the previous subparagraph.
Article 21
2. Point 1 of Article 2 of Regulation (Euratom, EEC) No 1588/90 shall be replaced by the following:
'1. confidential statistical data: data defined in Article 13 of Council Regulation (EC) No 322/97 of 17 February 1997 on Community Statistics (*);
(*) OJ No L 52, 22. 2. 1997, p. 1.`
Article 22
Statistics produced, or to be produced, by the national authorities and the Community authority pursuant to the framework programme for priority actions in the field of statistical information 1993 to 1997 provided for by Decision 93/464/EEC (10) shall be regarded as Community statistics.
Article 23
This Regulation shall be binding in its entirety and directly applicable in all Member States.