2004R0808 — EN — 20.11.2009 — 003.002

This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

►B REGULATION (EC) No 808/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 April 2004 concerning Community statistics on the information society (Text with EEA relevance) (OJ L 143, 30.4.2004, p.49)

Amended by:





Corrected by:









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REGULATION (EC) No 808/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 21 April 2004

concerning Community statistics on the information society

(Text with EEA relevance)







THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 285(1) thereof, Having regard to the proposal from the Commission, Acting in accordance with the procedure laid down in Article 251 of the Treaty ( 1 ), Whereas: (1) The European Council in Lisbon in March 2000 set the target for Europe to become within ten years the most competitive and dynamic knowledge-based economy in the world. (2) The eEurope Action Plan 2002 — endorsed at the Feira European Council in June 2000 — established a process of target-setting and benchmarking to bring Europe online as fast as possible. (3) The European Council in Seville in June 2002 endorsed the aims of the eEurope Action Plan 2005, which called for a legal basis to ensure regular and comparable data provision in Member States and enable greater use of official statistics on the information society. (4) The structural indicators which are used in the annual Spring Report to the European Council require indicators based on coherent statistical information from the information society domain. (5) The process of benchmarking eEurope as part of the implementation of eEurope Action Plans requires indicators based on coherent statistical information from the information society domain. (6) Harmonised statistics on Information and Communications Technologies (ICT) usage in enterprises are needed on an annual basis by the Commission's services. (7) Harmonised statistics on ICT usage by individuals and in households are needed on an annual basis by the Commission's services. (8) The rapidly changing nature of the information society domain requires that the statistics that are produced adapt to new developments. This can be provided for by having modules with a fixed duration and by allowing for modification through implementing measures taking into consideration Member States' resources and the burden on respondents, technical and methodological feasibility and the reliability of results. (9) The production of specific Community statistics is governed by the rules set out in Council Regulation (EC) No 322/97 of 17 February 1997 on Community Statistics ( 2 ). (10) Since the objective of the proposed action, namely the establishment of a common framework for the systematic production of Community statistics on the information society, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. 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. (11) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission ( 3 ). (12) The Statistical Programme Committee, established by Council Decision 89/382/EEC, Euratom ( 4 ), has been consulted in accordance with Article 3 thereof, Whereas: HAVE ADOPTED THIS REGULATION:







Article 1

Objective

The objective of this Regulation shall be to establish a common framework for the systematic production of Community statistics on the information society.

Article 2

Definitions

For the purpose of this Regulation:

(a) ‘Community statistics’ shall have the meaning assigned to it in Article 2 of Regulation (EC) No 322/97;

(b) ‘production of statistics’ shall have the meaning assigned to it in Article 2 of Regulation (EC) No 322/97;

(c) ‘reference period’ shall mean a period to which data refer;

(d) ‘reference year’ shall mean a reference period of one calendar year;

(e) ‘collection period’ shall mean a period specified in implementing measures during which a collection of data takes place.

Article 3

Scope

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1. The statistics to be compiled shall include information which is useful to the structural indicators and required to benchmark political strategies of the Community on the development of the European information space, business innovation and the European information society, such as the i2010 benchmarking framework and its developments under the Lisbon strategy, and other information necessary to provide a uniform basis on which to analyse the information society.

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2. The statistics shall be grouped as modules, as defined in Annexes I and II.

Article 4

Modules

The modules in this Regulation shall cover the following domains:

— enterprises and the information society, as defined in Annex I,

— individuals, households and the information society, as defined in Annex II.

Article 5

Methodological manual

The Commission, in close cooperation with Member States, shall draw up, and update as made necessary by new implementing measures, a methodological manual which contains recommended guidelines concerning the Community statistics produced pursuant to this Regulation.

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Article 6

Treatment, transmission and dissemination of data

1. Member States shall transmit the data and the metadata required by this Regulation and its implementing measures to the Commission (Eurostat) in accordance with Article 21 of Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics ( 5 ) on the transmission of confidential data.

2. Member States shall transmit the data and metadata required by this Regulation in electronic form, in accordance with an interchange standard agreed between the Commission and the Member States.

3. Chapter V of Regulation (EC) No 223/2009 shall apply to the treatment and dissemination of confidential data.

Article 7

Statistical quality and reports

1. Member States shall ensure the quality of the data transmitted.

2. For the purpose of this Regulation, the quality criteria as laid down in Article 12(1) of Regulation (EC) No 223/2009 shall apply.

3. Every year, Member States shall provide the Commission (Eurostat) with a report on the quality of the data transmitted as well as on any methodological changes that have been made. The report shall be provided one month after the transmission of the data.

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Article 8

Implementing measures

1. The measures for implementing the modules of this Regulation shall concern the selection and specification, adjustment and modification of subjects and their characteristics, the coverage, reference periods and breakdowns of characteristics, the periodicity and timing of data provision and the deadlines for transmission of results.

2. The implementing measures, including adjustment and updating measures to take account of economic and technical changes, shall be adopted by the Commission. Those measures, designed to amend non-essential elements of this Regulation, inter alia, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 9(2), taking into account Member States’ resources and the burden on respondents, technical and methodological feasibility and reliability of results.

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3. Implementing measures shall be drawn up at least nine months before the start of a data collection period.

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Article 9

Committee procedure

1. The Commission shall be assisted by the Statistical Programme Committee.

2. Where reference is made to this paragraph, Article 5a(1) to 4 and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

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Article 10

Financing

1. For at least the first year in which Community statistics as provided for in implementing measures adopted pursuant to this Regulation are produced by Member States, the Commission shall make a financial contribution to the Member States to help cover the costs incurred by them in producing, processing and transmitting those statistics. The amount of the financial contribution shall not exceed 90 % of such costs.

2. The conditions and procedures for making the financial contribution and for its payment and control shall be in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities ( 6 ).

3. If budgetary conditions so permit, the Commission shall continue to make a financial contribution to Member States in order to help offset the costs of providing these statistics in subsequent years.

4. The budgetary authority shall authorise the appropriations available for such financial contribution in the framework of the annual budgetary procedures of the European Communities.

Article 11

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.

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ANNEX I

Module 1: Enterprises and the information society

1. Aims

The aim of this module is the timely provision of statistics on enterprises and the information society. It provides a framework for the requirements in terms of coverage, duration and periodicity, subjects covered, breakdowns of data provision, type of data provision and any necessary pilot or feasibility studies.

2. Coverage

This module covers business activities within Sections C to N and R and Division 95 of the statistical classification of economic activities in the European Community (NACE REV. 2).

Statistics will be compiled for enterprise units.

3. Duration and periodicity of data provision

Statistics will be provided annually for up to 15 reference years from 20 May 2004. Not all characteristics will necessarily be provided each year; the periodicity of provision for each characteristic will be specified and agreed upon as part of the implementing measures referred to in Article 8.

4. Subjects covered

The characteristics to be provided will be drawn from the following list of subjects:

— ICT systems and their usage in enterprises,

— use of the Internet and other electronic networks by enterprises,

— e-commerce,

— e-business processes and organisational aspects,

— use of ICT by enterprises to exchange information and services with governments and public administrations (e-government),

— ICT competence in the enterprise unit and the need for ICT skills,

— barriers to the use of ICT, the Internet and other electronic networks, e-commerce and e-business processes,

— ICT expenditure and investment,

— ICT security and trust,

— use of ICT and its impact on the environment (Green ICT),

— access to and use of the Internet and other network technologies for connecting objects and devices (Internet of Things),

— access to and use of technologies providing the ability to connect to the Internet or other networks from anywhere at any time (ubiquitous connectivity).

Not all subjects will be covered each year.

5. Breakdowns of data provision

Not all breakdowns will necessarily be provided each year; the breakdowns required will be drawn from the following list, taking into account the nature of the statistical units, the expected quality of the statistical data and the overall sampling size. The breakdowns will be agreed upon as part of the implementing measures:

— by size class,

— by NACE heading,

— by region: regional breakdowns will be limited to no more than three groupings.

6. Type of data provision

Member States will transmit aggregate data to the Commission (Eurostat).

7. Feasibility and pilot studies

Whenever significant new data requirements are identified or new indicators of a complex nature are required, the Commission will institute feasibility or pilot studies to be completed on a voluntary basis by the Member States before any data collection. These studies will assess the feasibility of the respective data collection, taking into consideration the benefits of the availability of the data in relation to the collection costs and the burden on respondents. The results of these feasibility or pilot studies will contribute to the definition of new indicators.









ANNEX II

Module 2: Individuals, households and the information society

1. Aims

The aim of this module is the timely provision of statistics on individuals, households and the information society. It provides a framework for the requirements in terms of coverage, duration and periodicity, subjects covered, socioeconomic background characteristics of data provision, type of data provision and any necessary pilot or feasibility studies.

2. Coverage

This module covers statistics about individuals and households.

3. Duration and periodicity of data provision

Statistics will be provided annually for up to 15 reference years from 20 May 2004. Not all characteristics will necessarily be provided each year; the periodicity of provision for each characteristic will be specified and agreed upon as part of the implementing measures referred to in Article 8.

4. Subjects covered

The characteristics to be provided will be drawn from the following list of subjects:

— access to and use of ICTs by individuals and/or in households,

— use of the Internet and other electronic networks for different purposes by individuals and/or in households,

— ICT security and trust,

— ICT competence and skills,

— barriers to the use of ICT and the Internet,

— perceived effects of ICT usage on individuals and/or on households,

— use of ICT by individuals to exchange information and services with governments and public administrations (e-government),

— access to and use of technologies enabling connection to the Internet or other networks from anywhere at any time (ubiquitous connectivity).

Not all subjects will be covered each year.

5. Socioeconomic background characteristics of data provision

Not all background characteristics will necessarily be provided each year; the background characteristics required will be drawn from the following list and agreed upon as part of the implementing measures:

(a) for statistics supplied for households: — by household type, — by income group, — by region.

(b) for statistics supplied for individuals: — by age group, — by sex, — by education level, — by employment situation, — by de facto marital status, — by country of birth, citizenship, — by region.

6. Type of data provision

Member States will transmit to the Commission (Eurostat) individual data records, but such records will not allow direct identification of the statistical units concerned.

7. Feasibility and pilot studies

Whenever significant new data requirements are identified or new indicators of a complex nature are required, the Commission will institute feasibility or pilot studies to be completed on a voluntary basis by the Member States before any data collection. These studies will assess the feasibility of the respective data collection, taking into consideration the benefits of the availability of the data in relation to the collection costs and the burden on respondents. The results of these feasibility or pilot studies will contribute to the definition of new indicators.