Legal provisions of COM(2023)459 - EU labour market statistics on businesses

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dossier COM(2023)459 - EU labour market statistics on businesses.
document COM(2023)459 EN
date July 28, 2023

Contents

Article 1 - Subject matter

This Regulation lays down a common legal framework for the development, production and dissemination of labour market statistics on businesses in the Union.

Article 2 - Definitions

For the purposes of this Regulation, the following definitions shall apply:

(1)‘statistical unit’ means the entity on which the data are collected or compiled;

(2)‘enterprise’ means a set of legal units as defined in Council Regulation (EEC) No 696/93 22 ; This includes non-market producers and other institutional units that belong to the general government sector;

(3)‘local unit’ means an enterprise, or a part thereof, situated in a geographically identified place;

(4)‘resident enterprise’, respectively ‘resident local unit’, means an enterprise, respectively a local unit, carrying out economic activities contributing to the gross domestic product (GDP);

(5)‘employee’ means any person irrespective of his/her nationality, residency or how long he/she has worked in the Member State who has a direct employment contract with an enterprise (whether the agreement is formal or informal) and receive remuneration, irrespective of the type of work performed, the number of hours worked (full-time or part-time) and the duration of the contract (fixed or indefinite, including seasonal); the remuneration of an employee can take the form of wages and salaries, including bonuses, pay for piecework and shift work, allowances, fees, commission and remuneration in kind;

(6)‘employer’ means an enterprise or a local unit that has a direct employment contract with an employee (whether the agreement is formal or informal);

(7)‘domain’ means one or several data sets that cover one or several topics;

(8)‘topic’ means the content of the information to be collected about the statistical units in a data collection, with each topic covering several detailed topics;

(9)‘detailed topic’ means the detailed content of the information to be collected about the statistical units related to a topic; each detailed topic covers one or several variables;

(10)‘variable’ means a characteristic of a unit that may assume more than one of a set of values, which can be an absolute figure, a proportion, or a reference to a position in a classification;

(11)‘breakdown’ means a predefined discrete, exhaustive and mutually exclusive set of values which can be assigned to a variable characterising statistical units;

(12)‘microdata’ means data concerning only one statistical unit without a direct identifier;

(13)‘aggregated data’ means data concerning a set of several statistical units;

(14)‘statistical population’ means the set of statistical units about which information is wanted and estimates are required;

(15)‘sampling frame’ means a list, map or other specification of the units which determine a statistical population that is to be completely enumerated or sampled;

(16)‘sample’ means a subset of a sampling frame whose elements are selected based on a process with a known probability of selection, designed so as to allow for deriving valid estimations for the statistical population;

(17)‘respondent’ means the reporting unit that supplies information to the authority conducting the survey;

(18)‘survey data’ means data collected on a sample of respondents and extrapolated to the statistical population by using appropriate mathematical methods;

(19)‘administrative records’ mean data generated by an administrative entity, usually a public body, the main aim of which is not the provision of statistics;

(20)‘other sources’ means data generated by a non-administrative entity including private records, websites and databases, the main aim of which is not the provision of official statistics;

(21)‘statistical classification’ means an ordered list, with one or more levels of detail, of related though mutually exclusive categories used to structure information in a given statistical domain according to its similarities;

(22)‘reference period’ means the period to which the data refer;

(23)‘data collection period’ means the time period at which the data are collected.

(24)‘metadata’ means information that is needed to use and interpret statistics and that describes the data in a structured way;

(25)‘pre-checked data’ means data verified by Member States based on agreed common validation rules;

(26)‘quality report’ means a report conveying information about the quality of a statistical product or process.

Article 3 - Sources and methods

1. For the purpose of compiling statistics under this Regulation, Member States shall use or reuse one or a combination of the following sources provided they meet the quality standards referred to in Article 8:

(a)survey data;

(b)administrative records;

(c)other sources.

2. Surveys used for the purpose of labour market statistics on businesses shall be based on samples which are representative of the statistical population. Samples of enterprises or local units shall be drawn from the national statistical business registers as defined in Article 8(4) of Regulation (EU) 2019/2152.

3. Member States shall provide the Commission (Eurostat) with detailed information on the sources and methods used through the quality reports referred to in Article 8(4).

Article 4 - Data requirements

1. Labour market statistics on businesses shall cover the following domains and topics:

(a)earnings:

–(i) structure of earnings;

–(ii) gender pay gap;

(b)labour costs:

–(i) structure of labour costs;

–(ii) labour cost index;

(c)labour demand:

–(i) job vacancies.

The topics labour cost index, referred to in point (b)(ii), and job vacancies, referred to in point (c)(i), include their respective early estimates referred to in Article 5.

2. For each topic listed in paragraph 1, the detailed topics, their corresponding periodicity, reference periods and transmission deadlines shall be as set out in the Annex.

3. The Commission shall be empowered to adopt delegated acts in accordance with Article 13 to amend the list of the detailed topics, the periodicity, the reference periods and the transmission deadlines set out in the Annex.

4. When exercising power to adopt delegated acts pursuant to paragraph 3, the Commission shall ensure that the amendments do not impose significant and disproportionate burden on Member States and respondents. For this purpose, feasibility studies as set out in Article 9 shall be launched and their results duly assessed and taken into account.

5. The data shall be transmitted to the Commission (Eurostat) in the form of aggregated data, except for the topic structure of earnings, referred to in paragraph 1, point (a)(i), for which microdata shall be transmitted for individual employees and local units.

6. Member States shall provide pre-checked data and related metadata using a technical format specified by the Commission (Eurostat) for each data set. The single entry point services shall be used to provide the data to the Commission (Eurostat).

7. The Commission shall adopt implementing acts specifying the following elements for each topic:

(a)the list and description of variables;

(b)statistical classifications and data breakdowns;

(c)precision targets;

(d)the metadata to be transmitted with the same periodicity, reference period and deadlines as the data they refer to;

(e)the data collection periods.

These implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14(2) at least 12 months before the beginning of the relevant reference period.

Article 5 - Early estimates

1. Early estimates for the labour cost index referred to in Article 4(1), point (b)(ii) and job vacancies referred to in Article 4(1), point (c)(i) shall be transmitted:

(a)by Member States whose annual number of employees represents more than 3% of the EU total, for each of the 3 latest consecutive years; and

(b)by Member States of the euro area whose annual number of employees represents more than 3% of the euro area total, for each of the 3 latest consecutive years;

2. The shares of employees in the EU total and euro area total mentioned in paragraph 1 shall be assessed by the Commission (Eurostat) based on the available EU labour force survey annual data.

3. Should there be any change in the list of Member States whose annual number of employees is higher than the thresholds referred to in points (a) and (b) of paragraph 1, the Commission (Eurostat) shall notify the Member State(s) concerned within 6 months after the end of the period used to assess the 3% threshold. If the updated shares of employees fall below the respective thresholds referred to in points (a) and (b) of paragraph 1, the Member State(s) concerned shall be allowed to stop transmitting early estimates as from the reference quarter of the first calendar year following the date of the notification. If the updated shares fall above those thresholds, the Member State(s) concerned shall transmit the early estimates from the first reference quarter of the third calendar year following the date of the notification.

Article 6 - Statistical units and statistical population

1. Statistics under this Regulation shall be compiled for one or more of the following statistical units:

(a)enterprises;

(b)local units;

(c)employees.

2. For topics labour cost index, referred to in Article 4(1), point (b)(ii) and job vacancies, referred to in Article 4(1), point (c)(i), the statistical population shall consist of all enterprises or all local units that are resident of the Member State and which fulfil the following conditions:

(a)their main economic activity is included in any section of the NACE classification 23 , except ‘Agriculture, forestry and fishing’, ‘Activities of households as employers and undifferentiated goods – and services – producing activities of households for own use’ and ‘Activities of extraterritorial organisations and bodies’ and

(b)they have 1 or more employees.

3. For topics structure of earnings, referred to in Article 4(1), point (a)(i), and gender pay gap, referred to in Article 4(1), point (a)(ii), as regards data on the employer, the statistical population shall consist of all local units that are resident of the Member State and which fulfil the following conditions:

(a)their economic activity is included in any section of the NACE classification, except ‘Agriculture, forestry and fishing’, ‘Activities of households as employers and undifferentiated goods – and services – producing activities of households for own use’ and ‘Activities of extraterritorial organisations and bodies’; and

(b)they have 1 or more employees.

For the topics structure of earnings and the gender pay gap, as regards data on the employee, the statistical population shall consist of all employees whose local unit belongs to the statistical population defined under points (a) and (b) of the first subparagraph.

4. By derogation to points (a) and (b) of paragraph 3, as regards gender pay gap data for reference period 2026, the transmission shall cover all local units that are part of enterprises with 10 or more employees and that, in addition to the activities excluded in paragraph 3 point (a), do not belong to the section ‘Public administration and defence; compulsory social security’ of the NACE classification.

5. For the topic structure of labour costs, referred to in Article 4(1), point (b)(i), the statistical population shall consist of all local units that are resident of the Member State and which fulfil the following conditions:

(a)their economic activity is included in any section of the NACE classification, except ‘Agriculture, forestry and fishing’, ‘Activities of households as employers and undifferentiated goods – and services – producing activities of households for own use’ and ‘Activities of extraterritorial organisations and bodies’; and

(b)they are part of enterprises with 10 or more employees.

Article 7 - Ad hoc data requirements

1. The Commission is empowered to adopt delegated acts supplementing this Regulation in accordance with Article 13 by specifying the information to be provided by Member States on an ad hoc basis, where, within the scope of this Regulation, the collection of additional data is deemed necessary for the purpose of addressing additional statistical data needs. Those delegated acts shall specify:

(a)the detailed topics to be provided in the ad hoc data collection related to the domains and topics specified in Article 4 and the reasons for such additional needs;

(b)the reference periods and transmission deadlines.

2. The Commission is empowered to adopt delegated acts referred to in paragraph 1 starting with reference year 2028 and with a minimum of 2 years between each ad hoc collection.

3. The Commission shall adopt implementing acts to specify the ad hoc information referred to in paragraph 1 and metadata. Those implementing acts shall specify the following technical elements, where appropriate:

(a)the list and description of variables;

(b)statistical classifications and data breakdowns;

(c)detailed specifications of the statistical units covered;

(d)the metadata to be transmitted;

(e)the data collection periods.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14(2) not later than 24 months before the beginning of the relevant reference period.

Article 8 - Quality requirements and quality reporting

1. Member States shall take the necessary measures to ensure the quality of the data and metadata transmitted.

2. Member States shall ensure that the data obtained using the sources laid down in Article 3 provide a full coverage of and give accurate estimates on the statistical units and population defined in Article 6.

3. For the purpose of this Regulation, the quality criteria defined in Article 12(1) of Regulation (EC) No 223/2009 shall apply.

4. Member States shall transmit quality reports on the sources and methods for each of the topics listed in Article 4.

5. The Commission shall adopt implementing acts to set out the practical arrangements for the quality reports and their content. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14(2).

6. Member States shall inform the Commission (Eurostat) about any relevant information or change with regard to the implementation of this Regulation that would influence the quality of the data transmitted. The information shall be given as soon as possible and no later than 3 months after any such change enters into force.

7. Upon a duly reasoned request from the Commission (Eurostat), Member States shall provide additional information necessary to evaluate the quality of the statistical information.

8. The Commission (Eurostat) shall assess the quality of the data transmitted, the sources and methods used and the sampling frames.

Article 9 - Feasibility and pilot studies

1. In order to improve the labour market statistics on businesses or to limit the burden on enterprises, the Commission (Eurostat) may initiate feasibility and pilot studies. The purpose of such studies shall include improving quality and comparability, exploring new possibilities and implementing new features to respond to user needs, improving integration between surveys and other data sources, and reducing the burden on respondents. The studies shall take into account technological and digital developments.

2. Member States may participate in those studies on a voluntary basis. In cooperation with the Commission (Eurostat), they shall ensure the studies are representative at Union level.

3. The results of those studies shall be evaluated by the Commission (Eurostat) in cooperation with Member States and the main stakeholders. The Commission (Eurostat) shall prepare reports on the findings of the studies in cooperation with the Member States.

Article 10 - Financing

1. A financial contribution may be provided from the general budget of the Union to the national statistical institutes and other national authorities, referred to in Article 5(2) of Regulation (EC) No 223/2009, to:

(a)improve sources, including sampling frames, for the labour market statistics on businesses, from the date this Regulation enters into force until 31 December 2029 at the latest;

(b)improve methods for the labour market statistics on businesses, including the feasibility and pilot studies referred to in Article 9.

The Union shall not finance costs for the regular compilation of statistics to be transmitted under this Regulation.

2. The Union financial contribution shall not exceed 90% of the eligible costs.

Article 11 - Protection of the financial interests of the Union

1. The Commission shall take appropriate measures to ensure that, when actions financed under this Regulation are implemented, the financial interests of the Union are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, by the recovery of the amounts wrongly paid and, where appropriate, by effective, proportionate and dissuasive administrative and financial penalties.

2. The Commission or its representatives and the Court of Auditors shall have the power of audit, on the basis of documents and on-the-spot checks, over all grant beneficiaries, contractors and subcontractors who have received Union funds under this Regulation.

3. The European Anti-Fraud Office (OLAF) may carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council 24 and Council Regulation (Euratom, EC) No 2185/96 25 with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with a grant agreement or grant decision or contract funded under this Regulation.

4. Without prejudice to paragraphs 1, 2 and 3, cooperation agreements with third countries and with international organisations, contracts, grant agreements and grant decisions resulting from the implementation of this Regulation shall contain provisions expressly empowering the Commission, the Court of Auditors, the European Public Prosecutor and OLAF to conduct such audits and investigations, in accordance with their respective competences.

Article 12 - Derogations

1. Where the application of this Regulation, or the delegated or implementing acts adopted pursuant thereto, requires major changes to be made to a Member State’s national statistical system, the Commission may grant, by means of implementing acts, derogations to the Member State, for a maximum duration of 2 years. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 14(2).

When granting the derogations, the Commission shall take into account the comparability of Member States’ statistics and the timely calculation of the required representative and reliable European aggregates. The Commission shall also ensure that the requirements related to statistics, metadata and quality covered under this Regulation that were previously covered under the repealed regulations continue to be met without interruption.

2. The relevant Member State shall submit a duly justified request to the Commission within 3 months after the date of entry into force of this Regulation or the delegated or implementing acts adopted pursuant thereto.

Article 13 - Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Articles 4(3) and 7(1) shall be conferred on the Commission for an indeterminate period of time from [Publications Office: please insert exact date of entry into force of the Regulation].

3. The delegation of power referred to in Articles 4(3) and 7(1) 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 on 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.

4. 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.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. A delegated act adopted pursuant to Articles 4(3) and 7(1) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two 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 two months at the initiative of the European Parliament or the Council.

Article 14 - Committee procedure

1. The Commission shall be assisted by the European Statistical System Committee established by Regulation (EC) No 223/2009. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 15 - Repeal

1. Regulations (EC) No 530/1999, (EC) No 450/2003 and (EC) No 453/2008 are repealed with effect from 1 January 2026.

2. References to the repealed Regulations shall be construed as references to this Regulation.

Article 16 - Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2026.

This Regulation shall be binding in its entirety and directly applicable in all Member States.