1997R0322 — EN — 20.11.2003 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EC)No322/97
of17February1997
onCommunityStatistics
(OJ L 52, 22.2.1997, p. 1)
Amended by:
Official Journal
No page date
►M1Regulation (EC) No 1882/2003 of the European Parliament and of the
Council of 29 September 2003L 284 1 31.10.2003
▼B
COUNCILREGULATION(EC)No322/97
of17February1997
onCommunityStatistics
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 213 thereof,
Having regard to the draft Regulation submitted by the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social
Committee (3),
Having regard to the opinion of the European Monetary Institute (4),
(1)Whereas, for the performance of the various tasks entrusted to it
by the provisions of the Treaty in order to ensure the properfunctioning and development of the common market, theCommission needs to collect any relevant information;
(2)Whereas, in particular, for the formulation, application, moni-toring and assessment of the policies laid down in the Treaty,the Community must be able to base its decisions on statisticswhich are up-to-date, reliable, pertinent and comparable betweenthe Member States;
(3)Whereas, to ensure the feasibility, coherence and comparabilityof Community statistics, collaboration and coordination must bereinforced between those authorities which contribute to theproduction of suchinformation at bothnational and Communitylevel; whereas the provisions of this Regulation contribute to the
development of a Community statistical system;
(4)Whereas the said authorities must show the greatest impartiality
and professionalism in the production of statistics, respecting thesame principles of behaviour and professional ethics;
(5)Whereas on 14 April 1994 the UN Statistical Commission
adopted the Fundamental Principles of Official Statistics;
(6)Whereas, in order to prepare and carry out priority Community
statistical actions, statistical programmes must be implemented,taking into account available resources bothat national and
Community level;
(7)Whereas the establishment of the Community statistical
programme to be adopted by the Council and the annual workprogrammes to be adopted by the Commission require particu-larly close collaboration within the Statistical Programme
Committee, established by Decision 89/382/EEC, Euratom (
5);
(8)Whereas this Regulation aims to establish a legislative frame-
work for the production of Community statistics; whereasprovision should be made for planning the production of theCommunity statistics which will be specified by individual
statistical actions;
(9)Whereas this Regulation defines the responsibility of the national
authorities and the Community authority for the production ofCommunity statistics in compliance withth e principle of subsi-diarity as defined in Article 3b of the Treaty;1997R0322 — EN — 20.11.2003 — 001.001 — 2
(1) OJ No C 106, 14. 4. 1994, p. 22.
(2) OJ No C 109, 1. 5. 1995, p. 321.
(3) OJ No C 195, 18. 7. 1994, p. 1.
(4) Opinion delivered on 7 February 1995.
(5) OJ No L 181, 28. 6. 1989, p. 47.
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(10)Whereas, in preparing statistical programmes, the Committees
instituted by the Council in their given statistical fields must
carry out the functions with which they have been entrusted;
(11)Whereas the methods and conditions of the implementation ofthe Community Statistical Programme by individual statisticalactions have to be defined;
(12)Whereas dissemination is part of the production process ofCommunity statistics;
(13)Whereas it is important to protect the confidential informationwhich the national and Community statistical authorities mustcollect for the production of Community statistics, in order togain and maintain the confidence of the parties responsible forproviding this information; whereas the confidentiality of statis-
tical information must satisfy the same set of principles in all the
Member States;
(14)Whereas, for this purpose, it is necessary to establish a commonconcept of confidential data to be used in relation to the produc-tion of Community statistics;
(15)Whereas this concept must take into account that data takenfrom sources available to the public are considered confidential
by some national authorities, according to national legislation;
(16)Whereas the specific rules of processing data in the framework
of the Community Statistical Programme will not affect Direc-tive 95/46/EC of the European Parliament and of the Council of24 October 1995 on the protection of individuals with regard tothe processing of personal data and on the free movement of
suchdata (
1);
(17)Whereas the Treaty has conferred certain statistical responsibil-
ities on the European Monetary Institute, which it shall exercisewithout seeking or taking instructions from Community institu-tions or bodies, from any Government of a Member State or
from any other body; whereas it is important to ensure appro-
priate coordination between the relevant tasks of the authoritiesat national and Community level which contribute to the produc-tion of Community statistics on the one hand, and the functionsof the European Monetary Institute on the other;
(18)Whereas national central banks, at the latest at the date of the
establishment of the European System of Central Banks, should
be independent of Community institutions or bodies, of anygovernment of a Member State or of any other body; whereas,in stage II of Economic and Monetary Union, Member Statesshould start and complete the process to ensure the independenceof national central banks;
(19)Whereas the Commission has consulted the StatisticalProgramme Committee, the Committee on Monetary, Financialand Balance of Payments Statistics, established by Decision 91/115/EEC (
2), and the European Advisory Committee on Statis-
tical Information in the Economic and Social Spheres, set up byDecision 91/116/EEC (
3),1997R0322 — EN — 20.11.2003 — 001.001 — 3
(1) OJ No L 281, 23. 11. 1995, p. 31.
(2) OJ No L 59, 6. 3. 1991, p. 19.
(3) OJ No L 59, 6. 3. 1991, p. 21.
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HAS ADOPTED THIS REGULATION:
CHAPTER I
General provisions
Article 1
The purpose of this Regulation is to establish a legislative framework
for the systematic and programmed production of Community statisticswitha view to th e formulation, application, monitoring and assessmentof the policies of the Community.
The national authorities at national level and the Community authority
at Community level shall be responsible for the production of Commu-nity statistics in compliance withth e principle of subsidiarity.
To guarantee comparability of results, Community statistics shall be
produced on the basis of uniform standards and, in specific, duly justi-
fied cases, of harmonized methods.
Article 2
For the purposes of this Regulation:
— ‘Community statistics’ shall mean quantitative, aggregated and
representative information taken from the collection and systematic
processing of data, produced by the national authorities and theCommunity authority in the framework of implementation of theCommunity statistical programme in accordance withArticle 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 informa-tion,
— ‘national authorities’ shall mean national statistical institutes and
other bodies responsible in each Member State for producingCommunity statistics,
— ‘Community authority’ shall mean the Commission department
responsible for carrying out the tasks devolving on the Commissionas regards the production of Community statistics (Eurostat).
CHAPTER II
TheCommunitystatisticalprogrammeanditsimplementation
Article 3
1. In accordance with the relevant provisions of the Treaty, the
Council shall adopt a Community statistical programme which definesthe approaches, the main fields and the objectives of the actions envi-saged for a period not exceeding five years.
The Community statistical programme shall constitute the framework
for the production of all Community statistics. If necessary, it may beupdated.
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 Statis-
tical Programme Committee and, within the framework of their
respective powers, by the European Advisory Committee on StatisticalInformation in the Economic and Social Spheres and the Committee onMonetary, Financial and Balance of Payments Statistics.
2. The Community statistical programme referred to in paragraph 1
shall be implemented by individual statistical actions. These actionsshall be either:
(a) decided on by the Council in accordance with the appropriate
Treaty provisions; or1997R0322 — EN — 20.11.2003 — 001.001 — 4
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(b) decided on by the Commission under the conditions laid down in
Article 6 and in accordance withth e procedure laid down in Article19; or
(c) decided on by means of agreement between the national authorities
and the Community authority within their respective spheres ofcompetence.
3. Each year, before the end of May, the Commission shall submit
for examination by the Statistical Programme Committee its workprogramme for the following year. This programme shall indicate in
particular:
— the actions which the Commission considers to have priority,
bearing in mind bothnational and Community financial constraints,
— the procedures and any legal instruments envisaged by the Commis-
sion 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 actionit considers most appropriate.
Article 4
The Commission shall indicate in its initiatives on the individual statis-
tical actions referred to in Article 3 (2) (a) and (b):
— 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 MemberStates,
— the international statistical recommendations to be observed in the
fields covered.
Article 5
The acts adopted by the Council or the Commission in the cases
referred to in Article 3 (2) (a) and (b) must define the elements neces-sary to obtain the quality and comparability level required inCommunity statistics.
Article 6
The Commission may decide on an individual statistical action as
provided for in Article 3 (2) (b) when it meets all the following condi-tions:
— 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
When Community statistics result from an agreement between the
national authorities and the Community authority, as referred to inArticle 3 (2) (c), no obligation shall arise for the respondents, unlesssuchan obligation is laid down in national legislation.1997R0322 — EN — 20.11.2003 — 001.001 — 5
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Article 8
The implementation of individual statistical actions shall come under
the responsibility of national authorities unless otherwise stated in aCouncil legal act. If national authorities do not accomplish this task,the individual statistical actions may be carried out by the Communityauthority with the explicit agreement of the national authorityconcerned.
Article 9
To guarantee the coherence necessary to produce statistics meeting
their respective information requirements, the Commission shall coop-erate closely withth e European Monetary Institute, taking due account
of the principles defined in Article 10. The Committee on Monetary,
Financial and Balance of Payments Statistics shall take part, withinthe limits of its competence, in this process of cooperation.
Although the European Monetary Institute and the national central
banks do not participate in the production of Community statistics, by
analogy withArticle 3 (2) (c), following an agreement between anational central bank and the Community authority within their respec-tive spheres of competence and without prejudice to nationalarrangements between the national central bank and the nationalauthority, 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
Principles
Article 10
In order to ensure the best possible quality in both deontological and
professional aspects, Community statistics shall be governed by the
principles of impartiality, reliability, relevance, cost-effectiveness,statistical confidentiality and transparency.
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 otherinterest groups, particularly as regards the selection of techniques, defi-nitions 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 ingeneral);
‘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, metho-
dology, 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 andscale of statistics, which should keep abreast of new demographic,economic, social and environmental developments at all times. Datacollection 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 aban-doned;
‘cost-effectiveness’ shall mean the optimum use of all available
resources and the minimization of the burden on respondents. Theamount of work and the costs which the production of statisticsrequires should be in proportion to the importance of the results/bene-fits sought;1997R0322 — EN — 20.11.2003 — 001.001 — 6
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‘statistical confidentiality’ shall mean the protection of data related to
single statistical units which are obtained directly for statisticalpurposes 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 theprotective measures adopted. The authorities responsible for collectingCommunity statistics shall take every step to supply such information.
CHAPTER IV
Dissemination
Article 11
1. Dissemination shall mean the activity of making Community
statistics accessible to users.
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 respec-tive spheres of competence.
Article 12
Statistical results at Community level shall be disseminated with the
same periodicity as the transmission to the Community authority ofthe results available at national level. As far as possible and without
compromising quality at Community level, the dissemination will take
place before the next transmission of national results to the Communityauthority is due.
CHAPTER V
Statisticalconfidentiality
Article 13
1. Data used by the national authorities and the Community
authority for the production of Community statistics shall be consid-
ered confidential when they allow statistical units to be identified,either directly or indirectly, thereby disclosing individual information.
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 paragraph1, data taken from sources wh ich
are available to the public and remain available to the public at thenational authorities according to national legislation, shall not be
considered confidential.
Article 14
Transmission between national authorities and between national autho-
rities and the Community authority of confidential data which do not
permit direct identification may take place to the extent that this trans-
mission is necessary for the production of specific Communitystatistics. Any further transmission must be explicitly authorized bythe national authority that collected the data.
Article 15
Confidential data obtained exclusively for the production of Commu-
nity statistics shall be used by national authorities and by theCommunity authority exclusively for statistical purposes unless therespondents have unambiguously given their consent to the use forany other purposes.1997R0322 — EN — 20.11.2003 — 001.001 — 7
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Article 16
1. In order to reduce the burden on respondents, and subject to para-
graph 2, the national authorities and the Community authority shall
have access to administrative data sources, each in the fields of activity
of their own public administrations, to the extent that these data arenecessary for the production of Community statistics.
2. The practical arrangements and the limits and conditions for
achieving effective access shall be determined where necessary byeach Member State and the Commission in their respective spheres ofcompetence.
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 thedata for the purposes for which they were originally collected.
Article 17
1. Access for scientific purposes to confidential data obtained for
Community statistics may be granted by the national authority respon-sible for the production of these data if the standard of protectionprevailing in the country of origin and, if applicable, in the country of
use, is ensured according to the measures laid down in Article 18.
2. Access for scientific purposes to confidential data transmitted to
the Community authority in accordance with Article 14 may be grantedby that authority, if the national authority which provided the datarequested has given its explicit approval for such use.
Article 18
1. Necessary regulatory, administrative, technical and organizational
measures shall be taken at national and Community level to ensure thephysical and logical protection of confidential data and to ensure that
no unlawful disclosure and non-statistical use shall occur when
Community statistics are disseminated.
2. Officials and other servants of the national authorities or of the
Community authority having access to data subject to Communitylegislation which imposes statistical confidentiality shall be subject tocompliance with such confidentiality, even after the cessation of theirfunctions.
CHAPTER VI
Finalprovisions
Article 19
1. In the case referred to in Article 3(2)(b), the Commission shall be
assisted by the Statistical Programme Committee, hereinafter referredto as ‘the Committee’.
2. In this instance, Articles 5 and 7 of Decision 1999/468/EC (
1)
shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 5(6) of Decision 1999/468/EC shall be
set at three months.
3. The Committee shall adopt its rules of procedure.1997R0322 — EN — 20.11.2003 — 001.001 — 8
(1) Council Decision 1999/468/EC of 28 June 1999 laying down the procedures
for the exercise of implementing powers conferred on the Commission (OJ
L 184, 17.7.1999, p. 23).▼M1
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Article 20
1. For the adoption of the measures necessary for the implementa-
tion of Chapter V, particularly those designed to ensure that all the
national authorities and the Community authority apply the same prin-
ciples and minimum standards for avoiding disclosure of confidentialCommunity statistical data and the conditions governing access forscientific purposes, in accordance withArticle 17 (2), to confidentialdata held by the Community authority, the Commission shall beassisted by the Committee on Statistical Confidentiality set up by
Article 7 of Council Regulation (Euratom, EEC) No 1588/90 of 11
June 1990 on the transmission of data subject to statistical confidenti-ality to the Statistical Office of the European Communities (
1).
2. Articles 4 and 7 of Decision 1999/468/EC (2) shall apply, having
regard to the provisions of Article 8 thereof.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be
set at three months.
3. The Committee shall adopt its rules of procedure.
Article 21
1. This Regulation shall apply without prejudice to Directive 95/46/
EC.
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 on the basis of existing Community legal acts shall
be considered as Community statistics regardless of the decision-making procedures by which they are governed.
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 1997provided for by Decision 93/464/EEC (
3) shall be regarded as Commu-
nity statistics.
Article 23
This Regulation shall enter into force on the twentieth day following
that of its publication in the Official Journal of the European Commu-
nities.
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1997R0322 — EN — 20.11.2003 — 001.001 — 9
(1) OJ No L 151, 15. 6. 1990, p. 1.
(2) Council Decision 1999/468/EC of 28 June 1999 laying down the procedures
for the exercise of implementing powers conferred on the Commission (OJ
L 184, 17.7.1999, p. 23).
(3) OJ No L 219, 28. 8. 1993, p. 1.▼M1
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