Explanatory Memorandum to COM(2013)155 - Amendment of Council Regulation (EC) No 577/98 on the organisation of a labour force sample survey in the EC

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1. CONTEXT OFTHEPROPOSAL

The Treaty on the Functioning of the European Union (TFEU) makes a distinction between powers delegated to the Commission to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a particular legislative act, as laid down in Article 290 i of the TFEU (delegated acts), and powers conferred on the Commission to adopt uniform conditions for implementing legally binding Union acts, as laid down in Article 291(2) of the TFEU (implementing acts).

The Commission has committed itself1, under Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers2, to reviewing legislative acts which currently contain references to regulatory procedure with scrutiny in the light of the criteria laid down in the Treaty.

The overall objective is, by the end of Parliament’s seventh term (June 2014), to remove all provisions referring to the regulatory procedure with scrutiny from all legislative instruments.

In the context of the alignment of Council Regulation (EC) No 577/98 of 9 March 1998 on the organisation of a labour force sample survey in the Community3 to the new rules of the TFEU, powers currently conferred on the Commission by that Regulation have been re-classified.

The EU Labour Force Survey (LFS) is the biggest household survey in Europe. The results it produces on employment, unemployment and persons outside the labour market form the backbone of the statistical information system on labour markets in the European Union. In particular, the LFS provides the indicators for three of the Europe 2020 headline targets.

The national statistical institutes are responsible for selecting the sample, preparing the questionnaires, conducting the direct interviews among households, and forwarding the results to Eurostat in accordance with the common coding scheme.

Each year, the core LFS is supplemented with a so-called ad hoc module. While the core part of the survey is of equal interest at national and European levels, the annually changing ad hoc modules serve predominantly European policy initiatives, amongst them the European Employment Strategy, the Youth on the Move flagship initiative, the Strategy for Equality between Women and Men, the European agenda for integration and the Employment Package.

The sustainable production of high-quality ad hoc module data is of utmost importance to EU decision-makers, and thus a provision on financing is proposed to be integrated into the Regulation.

1             OJ L 55, 28.2.2011, p. 19.

2             OJ L 55, 28.2.2011, p. 13.

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RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES


AND IMPACTASSESSMENTS

The Directors of Social Statistics and the European Statistical System Committee were consulted.

There was no need for impact assessment.

3. LEGALELEMENTSOFTHEPROPOSAL

The objectives of this proposal are:

(i) to modify Regulation (EC) No 577/98 and align it to the new institutional context. In particular, the aim is to identify what powers the Commission has and establish the appropriate procedure for adopting measures on the basis of these powers.

The Commission is empowered to adopt delegated acts in accordance with Article 290 of the TFEU in order to supplement or amend certain non-essential elements of Regulation (EC) No 577/98. In particular, the Commission may adopt, by means of delegated acts, the content of the ad hoc modules, the definitions and any adjustment of the list of survey variables made necessary by the evolution of techniques and concepts. In addition, the Commission may adopt, by means of delegated acts, the list of structural variables, including the minimum sample size and the survey frequency. The Commission should ensure that these delegated acts do not impose a significant additional administrative burden on the Member States and on the respondent units.

Implementing powers are conferred upon the Commission with a view to ensuring uniform conditions concerning the transmission of statistical information, in particular by adopting the rules on the edits to be used, the codification of the variables and the list of principles for the formulation of the questions concerning the labour status, in accordance with the examination procedure laid down in Article 5 of Regulation (EU) No 182/2011.

(ii) to put the Commission in a position to allow for a financial contribution. This is proposed in view of the importance of the Labour Force Survey ad hoc modules in support of Union policies. Such contribution by the Union to the financing of their implementation is proposed through grant procedures, without calls for proposals. The grants are to be awarded to the national statistical institutes and other national authorities referred to in Article 5(2) of Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics4. In order to allow for significantly simplified administrative procedures and for a substantially reduced risk of error relating to the management of grants, the use of lump sums may be proposed in accordance with Article 124 i of the Financial Regulation.

Legal basis Article 338 i of the Treaty on the Functioning of the European Union.

Choice of instrument


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Regulation of the European Parliament and of the Council.

4. BUDGETARY IMPLICATIONS

The budgetary implications are set out in the financial statement.

European Economic Area

The proposed act concerns an EEA matter and should therefore extend to the European Economic Area.