# EUR-Lex - 52012PC0167 - EN

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# 52012PC0167

**Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 223/2009 on European statistics /* COM/2012/0167 final - 2012/0084 (COD) */**

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EXPLANATORY MEMORANDUM

1.           CONTEXT OF THE PROPOSAL

Reliable statistics are becoming
increasingly necessary if policymakers, businesses and citizens are to take
adequate evidence-based decisions. Therefore, the main concern for all
statistical authorities is to ensure that the data produced is of high quality.
A European Statistics Code of Practice[1]
was agreed in 2005 and the basic legal framework governing the development,
production and dissemination of European statistics by the European Statistical
System (ESS) was modernised in 2009 through the adoption of Regulation (EC) No
223/2009 of the European Parliament and of the Council of 11 March 2009 on
European statistics[2].

Recent economic developments have again demonstrated
the need to further strengthen the credibility of statistics. Economic-policy
instruments and results have been affected — more than ever before — by the
mood of global financial markets and the strategies pursued by those involved
in them. Statistics have become as credible as the public, notably the
financial markets, believes they are. Reliability of statistical data in terms
of technical quality-assessment criteria is a pre-requisite in order to ensure
the trust of users. But equally important is the credibility of the institutions
producing statistics. In this context, the professional independence of
statistical authorities must receive particular attention and be guaranteed by
law.

The Commission recognised these facts and
in its Communication ‘Towards robust
quality management for European Statistics’[3] it indicated the need to strengthen the
governance of the European Statistical System (ESS) by securing unconditional
application of the principle of professional independence of National
Statistical Institutes (NSIs), by clarifying their coordinating role in the
national statistical systems and by enhancing the use of administrative data
for statistical purposes. Furthermore, it was proposed that ‘Commitments on
Confidence in Statistics’ (CoC) be established in order to make national
governments aware of their role in, and co-responsibility for, ensuring the
credibility of official statistics by respecting the independence of NSIs.
According to the Communication, all these measures should be introduced by an
amendment of Regulation (EC) No 223/2009. Moreover, the European Statistics
Code of Practice should be revised accordingly[4].

The diagnosis included in the above
Communication and the improvement actions proposed were supported by the ECOFIN
Council (3100th meeting on 20 June 2011). The key relevance of the principle of
professional independence of NSIs was also explicitly recognised by the
European Parliament and the Council in the legislative ‘six-pack’ on enhanced
economic governance which entered into force in December 2011. It specified
that the professional independence of national statistical authorities
requires, inter alia, transparent recruitment and dismissal processes
based solely on professional criteria[5].
Moreover, on 13 March 2012 the European Parliament adopted a resolution calling
on the Commission to rapidly implement measures to improve quality-management
and governance in European statistics.

2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES

The proposal largely builds on the final
conclusions and recommendations of the ESS ‘Task Force on the revision of
Regulation (EC) No 223/2009 and on Commitments on Confidence in Statistics’,
which met several times between June and October 2011. This Task Force comprised
representatives of 14 countries and discussed four main issues set out in the
Communication ‘Towards robust quality
management for European Statistics’ with respect to strengthening the
governance of the European Statistical System: independence of NSIs, their
coordinating role in national statistical systems, the use and management of
administrative data and ‘Commitments on Confidence in Statistics’.

Furthermore, consultation on the draft
proposal has been conducted with the ESS Committee, whose overall mission is to
provide the ESS with professional guidance on developing, producing and
disseminating European statistics in line with statistical principles.

3.           LEGAL ELEMENTS OF THE
PROPOSAL

The proposal calls for a revision of the
current basic legal framework for European statistics, adapting it to meet the policy
needs and challenges created for European statistics by recent developments in
the global economy. The main goal is to further strengthen governance in the
European Statistical System in order to safeguard its high credibility and to
respond adequately to data needs resulting from the enhanced economic-policy
coordination in the European Union.

In particular, the professional
independence of national statistical authorities is of key relevance in this
context. The current proposal refers explicitly to the Heads of NSIs as persons
whose independence in performing their duties is a pre-condition for
establishing the independence of the respective institutions. To that end, it
is indispensable that Heads of NSIs have the freedom to decide on processes,
statistical methods, standards and procedures, and on the content and timing of
statistical releases and publications for all European statistics. They must be
also forbidden from seeking, and protected from receiving, instructions from
national governments and other institutions. Moreover, Heads of NSIs should be
granted considerable autonomy in deciding on the internal management of the
statistical office and allowed to publicly comment on the budget allocated to
the NSI in the context of statistical tasks to be performed. Furthermore, there
must exist transparent and legally-binding rules for the appointment, transfer
and dismissal of Heads of NSI, based solely on professional criteria.

However, Heads of NSIs should not only
enjoy broad autonomy, they should also be accountable for the results the NSIs
provide both in terms of statistical output and budget execution. Accordingly,
they should present an annual report on the statistical activities and the
financial situation of the respective authority.

As stipulated by the Commission in its
Communication ‘Towards robust quality
management for European Statistics’, the proposal for an amendment of
Regulation (EC) No 223/2009 also includes the establishment of ‘Commitments
on Confidence in Statistics’. These declarations of respect of the European
Statistics Code of Practice, and notably of the principle of independence of
NSIs, aim at strengthening statistical governance in the EU and safeguarding
the credibility of European statistics. According to the proposal, they should
be signed by the governments of all Member States and counter-signed by the
Commission, both at the highest applicable level. Each CoC is intended to be
drafted individually by the Member State concerned and to contain
country-specific improvement actions. The actual implementation of these
actions would be monitored by Eurostat as part of the already established
regular assessment of Member States’ compliance with the European Statistics
Code of Practice.

The coordinating role of NSIs in the
national statistical systems is clarified by the proposal to amend Article 5(1)
of Regulation (EC) No 223/2009. Explicit references to institutions and
functions to be coordinated have been added.

Another amendment clarifying the role of
the NSIs is the new Article 17a on the access to, use and integration of
administrative records, which replaces the current Article 24. Its primary aim
is to establish a legal framework for more extensive use of administrative data
sources for the production of European statistics without increasing the burden
on respondents, NSIs and other national authorities. According to the proposal,
NSIs should be involved, to the extent necessary, in decisions on the design,
development and discontinuation of administrative records which could be used
in the production of statistical data. They should also coordinate relevant
standardisation activities and receive metadata on administrative data
extracted for statistical purposes. Free and timely access to administrative
records should be granted to NSIs, other national authorities and Eurostat, but
only within their own respective public administrative system and to the extent
necessary for the development, production and dissemination of European
statistics.

The amendment to Article 6 of Regulation
(EC) No 223/2009 incorporates the need to adequately secure the independent
position of Eurostat at Union level in the same way as is proposed for NSIs at
national level. It is crucial for the credibility of the entire European
Statistical System and was strongly emphasised by a vast majority of the Member
States in the preceding stakeholder consultation.

Moreover, in order to simplify budget
planning for statistical activities and to make it more stable, the programming
period of the European statistical programme was brought into line with the
Union’s multi-annual financial framework.

Finally, the proposed amendment of
Regulation (EC) No 223/2009 takes account of the necessary adjustments to the Lisbon
Treaty as regards granting the Commission delegated and implementing powers.

4.           BUDGETARY IMPLICATION

The proposal is expected to have no
resource impact within the ESS. On the contrary, it is meant to simplify and
improve coordination and collaboration within the system, thus ultimately leading
to more efficient production of European statistics and to a reduced burden on
respondents.

The human resources required within the
Commission will be met by staff from the Directorate General who are already
assigned to management of the legal act concerned and/or have been redeployed
within the Directorate General.

5.           OPTIONAL ELEMENTS

None.

2012/0084 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

amending Regulation (EC) No 223/2009 on
European statistics

(Text with relevance for the EEA and
Switzerland)

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 338(1) thereof,

Having regard to the proposal from the European
Commission,

After transmission of the draft legislative
act to the national Parliaments,

Acting in accordance with the ordinary
legislative procedure,

Whereas:

(1)       The European Statistical
System (the ESS), as a partnership, has in general successfully consolidated
its activities to ensure the development, production and dissemination of high-quality
European statistics, including by improving the governance of the system.

(2)       Some weaknesses have, however,
recently been identified, in particular with regard to the statistical quality-management
framework.

(3)       The Commission suggested
action to address these weaknesses in its Communication of 15 April 2011 to the
European Parliament and the Council ‘Towards robust quality management for
European Statistics’[6].
In particular, it suggested a targeted amendment of Regulation (EC) No 223/2009
of the European Parliament and the Council of 11 March 2009 on European
statistics[7].

(4)       In its conclusions of 20
June 2011, the ECOFIN Council welcomed the Commission’s initiative and stressed
the importance of continuously improving the governance and efficiency of the
ESS.

(5)       In addition, the impact on
the statistical domain of recent developments in the context of the economic-governance
framework of the Union should be taken into account, in particular aspects related
to statistical independence such as transparent recruitment and dismissal
processes, budgetary allocations and pre-release calendars, as laid down in
Regulation (EU) No 1175/2011 of the European Parliament and the Council of 16
November 2011 amending Regulation (EC) No 1466/97 on the strengthening of the
surveillance of budgetary positions and the surveillance and coordination of
economic policies[8],
as well as those related to the requirement for bodies in charge of monitoring the implementation
of national fiscal rules to enjoy functional autonomy,
as laid down in Regulation (EU) No .../...of the European Parliament and the
Council on common provisions for monitoring and
assessing draft budgetary plans and ensuring the correction of excessive deficit of the Member States in the euro
area.

(6)       Those aspects should not
remain limited to the statistics produced for the purposes of the fiscal-surveillance
system and the excessive-deficit procedure but should apply to all European
statistics developed, produced and disseminated by the ESS.

(7)       Moreover, the adequacy of
resources attributed on an annual or a multiannual basis and available to meet
statistical needs is a necessary condition for the professional independence of
statistical authorities.

(8)       To that effect, the
professional independence of statistical authorities should be strengthened and
minimum standards should be enforced, in particular as regards the heads of
national statistical institutes (NSIs), to whom specific guarantees should be
provided in terms of the performance of statistical tasks, organisational
management and resource allocation.

(9)       Furthermore,
the coordinating role already attributed to the NSIs should be clarified as
regards its scope, so as to achieve more efficient coordination of statistical
activities at national level, including quality management.

(10)     In order to reduce the
burden on statistical authorities and respondents, the NSIs and other national
authorities should be able to access and use administrative records, including
those filled electronically, promptly
and free-of-charge, as well as to integrate these records with statistics.

(11)     The NSIs should furthermore
be consulted at an early stage on the design of new administrative records that
could provide data for statistical purposes and on planned changes to, or cessation
of, existing administrative sources. They should also receive relevant metadata
from the owners of administrative data and coordinate standardisation
activities concerning administrative records that are relevant for statistical
data production.

(12)     The confidentiality of data
obtained from administrative records should be protected under the common
principles and guidelines applicable to all confidential data used for the
production of European statistics. Quality-assessment frameworks applicable to
these data should also be established.

(13)     The quality of European
statistics could be strengthened and the confidence of users reinforced, by
involving national governments in the responsibility of applying the European
Statistics Code of Practice. To this end, a ‘Commitment on Confidence in
Statistics’ should be established in each Member State and include specific
undertakings by its government to implement the Code and national quality-assurance
frameworks, including self-assessments and improvement actions.

(14)     As the production of
European statistics must be based on long-term operational and financial
planning in order to ensure a high degree of independence, the European
statistical programme should cover the same period as the
multiannual financial framework.

(15)     Regulation (EC) No 223/2009
confers powers on the Commission to implement some of the provisions of that
Regulation; as a consequence of the entry into force of the Lisbon Treaty, the
powers conferred under this Regulation upon the Commission need to be aligned
to Articles 290 and 291 of the Treaty.

(16)     The Commission should have
the power to adopt delegated acts in accordance with Article 290 of the Treaty
in order to supplement or amend certain non-essential elements of Regulation
(EC) No 223/2009 so as to specify quality requirements, such as target values
and minimum standards for the statistical production, when sectoral statistical
legislation does not provide for these. 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.

(17)     It is of particular
importance that the Commission carry out the appropriate consultations during
its preparatory work, including at expert level. The Commission, when preparing
and drawing-up delegated acts, should ensure simultaneous, timely and
appropriate submission of the relevant documents to the European Parliament and
Council.

(18)     There is a need for uniform
conditions for implementing access to confidential data for scientific
purposes. Implementing powers should be conferred on the Commission with a view
to establishing the arrangements, rules and conditions governing such access at
Union level, in accordance with the examination procedure laid down in Article 5 of Regulation (EU) No 182/2011 of the European Parliament and the Council laying down the rules and
general principles concerning mechanisms for control by the Member States of
the Commission’s exercise of implementing powers[9].

(19)     Since the objective of this
Regulation cannot be sufficiently achieved by the Member States and can be
better achieved at Union level, the Union may adopt measures, in accordance
with the principle of subsidiarity as set out in Article 5 of the Treaty on
European Union. In accordance with the principle of proportionality, as set out
in that Article, this Regulation does not go beyond what is necessary in order
to achieve that objective.

(20)     The European Statistical
System Committee has been consulted,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 223/2009 is amended as
follows:

(1)
In Article 2(1), point (a) is replaced by the
following:

‘(a)       ‘professional independence’,
meaning that statistics must be developed, produced and disseminated in an
independent manner, particularly as regards the selection of techniques,
definitions, methodologies and sources to be used, and the timing and content
of all forms of dissemination, free from any pressures from political or
interest groups or from Union or national authorities;’

(2)
In Article 5, paragraph 1 is replaced by the
following:

‘1. The national statistical authority
designated by each Member State as the body having the responsibility for
coordinating all activities at national level for the development, production
and dissemination of European statistics (the NSI) shall act in this regard as
the sole contact point for the Commission (Eurostat) on statistical matters.

The coordinating responsibility of the NSI
shall cover all other national authorities responsible for the development,
production and dissemination of European statistics. The NSI shall, in
particular, be responsible at national level for coordinating statistical
programming and reporting, quality monitoring, methodology, data transmission
and communication on ESS statistical actions.’

(3)
The following Article 5a is inserted:

‘Article
5a
Heads of NSIs

1.         Within their national
statistical system, the heads of NSIs shall have the sole responsibility for
deciding on processes, statistical methods, standards and procedures, and on
the content and timing of statistical releases and publications for all
European statistics. They shall be empowered to
decide on all matters regarding the internal management of the NSI. They
shall coordinate the statistical activities of all national authorities that
contribute to the development, production and dissemination of European
statistics. When carrying out these tasks, the heads of NSIs shall act in an
independent manner; they shall neither seek nor take instructions from any government
or other institution, body, office or entity; they shall refrain from any
action incompatible with the performance of these tasks.

2.         The procedures for recruitment,
transfer and dismissal of heads of NSIs shall be transparent and based on
professional criteria only.

3.         The heads of NSIs shall be
accountable for the statistical activities and budget execution of the NSI;
they shall publish an annual report and may express comments on budget
allocation issues related to the statistical activities of the NSI.

4.         The heads of NSIs shall
represent their national statistical systems within the ESS.’

(4)
In Article 6, paragraph 2 is replaced by the
following:

‘2.        At Union level, the Commission
(Eurostat) shall act independently in ensuring the production of European
statistics according to established rules and statistical principles. In this
respect, it shall have the sole responsibility for deciding on processes,
statistical methods, standards and procedures, and on the content and timing of
statistical releases.’

(5)
In Article 11, the following paragraph 3 is added:

‘3.        Member States shall take all
necessary measures to implement the Code of Practice in order to maintain
confidence in their statistics. To this effect, each Member State, represented
by its government, shall sign and implement a ‘Commitment on Confidence in
Statistics’ whereby specific policy commitments are made to implement the Code
and to establish a national quality assurance framework, including self-assessments
and improvement actions. The Commitment shall be counter-signed by the
Commission.

These commitments shall be regularly monitored
by the Commission on the basis of annual reports sent by Member States. The
Commission shall report to the European Parliament and the Council on the
implementation of these commitments within 3 years of the entry into force of
this Regulation.’

(6)
In Article 12(2), the second sub-paragraph is
replaced by the following:

‘Specific quality requirements, such as
target values and minimum standards for the production of statistics, may be
laid down in sectoral legislation. Where sectoral legislation does not so
provide, the Commission may adopt, by means of delegated acts in accordance
with Article 26a, such specific quality requirements.’

(7)
In Article 13, paragraph 1 is replaced by the
following:

‘1.        The European statistical
programme shall provide the framework for the development, production and dissemination
of European statistics, setting out the main fields and the objectives of the
actions envisaged for a period corresponding to that of the multiannual
financial framework. It shall be decided upon by the European Parliament and
the Council. Its impact and cost effectiveness shall be assessed with input
from independent experts.’

(8)
The following Article 17a is inserted:

‘Article 17a

Access, use and integration of administrative records

‘1.        In order to reduce the burden on
respondents, the NSIs, other national authorities as referred to in Article 4 and
the Commission (Eurostat) shall have the right to access and use, promptly and
free of charge, all administrative records and to integrate these
administrative records with statistics, to the extent necessary for the
development, production and dissemination of European statistics.

2.         The NSIs and the Commission
(Eurostat) shall be consulted on and involved in the initial design, subsequent
development and discontinuation of administrative records built up and
maintained by other bodies, thus facilitating the further use of these records for
statistical purposes. They shall have the right to coordinate standardisation
activities concerning administrative records relevant for statistical data
production.

3.         Access by and involvement of the
NSIs, other national authorities and the Commission (Eurostat) pursuant to paragraphs
1 and 2 shall be limited to administrative records within their own respective
public administrative system.

4.         The NSIs shall receive relevant
metadata from the owners of administrative records used for statistical
purposes.

5.         The NSIs and owners of
administrative records shall establish the necessary cooperation mechanisms.’

(9)
In Article 23, the second sub-paragraph is
replaced by the following:

‘The arrangements, rules and conditions for
access at Union level shall be established in
accordance with the examination procedure referred to in Article 27(2).’

(10)
Article 24 is deleted.

(11)
The following Article 26a is inserted:

‘Article
26a
Exercise of delegated powers

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

2.         The delegation of power referred
to in Article 12(2) shall be conferred on the Commission for a period of 5 years
from the entry into force of this Regulation. 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.

3.         The delegation of power referred
to in Article 12(2) may be revoked at any time by the European Parliament or by
the Council.

A revocation decision 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.

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

5.         A delegated act adopted pursuant
to Article 12(2) shall enter into force only if no objection has been expressed
either by the European Parliament or the Council within a period of 2 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.’

(12)
Article 27 is replaced by the following:

‘Article
27
Committee

1.         The Commission shall be assisted
by the European Statistical System Committee. That
committee shall be a committee within the meaning of Regulation (EU)
No182/2011.

2.         Where reference is made to this
paragraph, Article 5 of Regulation (EU)
No 182/2011 of the European Parliament and
the Council laying down the rules and general principles concerning mechanisms
for control by the Member States of the Commission’s exercise of implementing
powers shall apply.’.

Article 2

Entry into force

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

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

Done at Brussels, 17.4.2012

For the European Parliament                       For
the Council

The President                                                 The
President

[1]               Recommendation of the Commission on the independence,
integrity and accountability of the national and Community statistical
authorities, COM(2005) 217 final, 25.5.2005.

[2]               OJ L 87, 31.3.2009, p. 164.

[3]               COM(2011) 211 final, 15.4.2011.

[4]               A revision of the European Statistics Code of
Practice was approved by the European Statistical System Committee on 28
September 2011.

[5]               Article 1(14) of Regulation (EU) No 1175/2011 of the
European Parliament and of the Council of 16 November 2011 amending Council
Regulation (EC) No 1466/97 on the strengthening of the surveillance of
budgetary positions and the surveillance and coordination of economic policies;
OJ L 306, 23.11.2011, p. 12.

[6]               COM(2011) 211 final.

[7]               OJ L 87, 31.3.2009, p. 164.

[8]               OJ L 306, 23.11.2011, p. 12.

[9]               OJ L 55, 28.2.2011, p. 13.