1991R3924 — EN — 20.11.2003 — 001.001 — 1
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►B COUNCILREGULATION(EEC)No3924/91
of19December 1991
ontheestablishmentofaCommunitysurveyofindustrialproduction
(OJ L 374, 31.12.1991, 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
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COUNCILREGULATION(EEC)No3924/91
of19December 1991
on the establishment of a Community survey of industrial produc-
tion
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European EconomicCommunity, and in particular Article 213 thereof,
Having regard to the draft Regulation submitted by the Commission,Whereas in order to carry out the tasks devolving on it from the Trea-
ties, especially with the prospect of the internal market as provided forpursuant to Article 8a of the Treaty establishing the EuropeanEconomic Community, the Commission must have full, up-to-date and
reliable information on industrial production in the Community;
Whereas companies need such information in order to know their
markets; whereas the international dimension of these markets will
favour an alignment between production statistics and external tradestatistics;
Whereas, if production statistics are to be useful and in order to make
suchan alignment practicable, th ey must be drawn up at a level ofdetail which is close to the first six digits of the combined nomencla-ture, which also corresponds to the coding used in the Harmonized
System;
Whereas the combined nomenclature is a product nomenclature with
which companies are already familiar; whereas it is in their interests
to refer thereto rather than create a nomenclature specific to produc-tion;
Whereas standardized statistics cannot be drawn up with the reliability,
speed, flexibility and level of detail required to manage the internalmarket unless the Member States use survey classification systemsderived from the same product list;
Whereas, in order to meet national requirements, Member States may
legitimately retain or enter in their national nomenclatures supplemen-
tary items not contained in the Community product list,
HAS ADOPTED THIS REGULATION:
Article 1
General
Member States shall carry out a Community statistical survey of indus-
trial production.
Article 2
Surveyfieldandcharacteristics
1. The field covered by the survey referred to in Article 1 shall be
that of the activities listed in sections C, D and E of the classification
of economic activities in the European Community hereafter referred toas ‘NACE (Rev. 1)’ set out in Regulation (EEC) No 3037/90(
1).
2. The production recorded in this field shall be defined by the list
of products, hereinafter referred to as the ‘Prodcom list’, the headingsof which shall in principle consist of articles or groups of articles fromthe combined nomenclature linked with other Community productnomenclatures.1991R3924 — EN — 20.11.2003 — 001.001 — 2
(1) OJ No L 293, 24. 10. 1990, p. 1.
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3. The survey shall cover the following information for each
heading:
(a) the physical volume of production sold during the survey period;
(b) the value of production sold during the survey period.
4. In certain cases the information in question shall be replaced by
one of the following:
(a) the physical volume of actual production during the survey period,
including any which is incorporated into the manufacture of otherproducts from the same undertaking;
(b) the value and/or physical volume of actual production during the
survey period witha view to marketing.
5. In each Member State, the production surveyed shall be only that
production actually carried out on its territory; it shall not includeproduction outside its territory on behalf of some of its undertakings.
6. The Prodcom list, the information actually collected for each
heading and the other implementation procedures of this Regulationshall be established in accordance with the procedure laid down in
Article 10. The Prodcom list shall be updated in the same way.
Article 3
Representativeness
1. The production of all undertakings in the Community must be
recorded withsufficient accuracy for eachNACE Rev. 1 class.
2. Member States shall adopt survey methods designed to facilitate
the collection of data from undertakings representing at least 90 % ofnational production per NACE Rev. 1 class. A different threshold maynonetheless be adopted, in exceptional cases, in accordance with theprocedure laid down in Article 10.
3. For the evaluation of production, account shall be taken of all
undertakings employing at least 20 people. This threshold shall be
reviewed in the light of the requirement of representativeness referred
to in paragraph2.
4. Where the production of Member State's undertakings in a NACE
Rev. 1 class represents less than 1 % of the Community total, the dataon the headings in that class need not be collected.
5. Detailed rules for applying this Article shall be adopted, as neces-
sary, in accordance withth e procedure laid down in Article 10.
Article 4
Surveyperiods
The survey shall cover an annual period of one calendar year.However, for certain headings in the Prodcom list, monthly or quarterly
surveys may be decided upon in accordance withth e procedure laiddown in Article 10.
Article 5
Collectionofdata
1. The required information shall be collected by the Member States
using survey questionnaires the content of which shall comply with the
arrangements defined in accordance withth e procedure laid down in
Article 10.
2. The undertakings called upon by Member States to supply infor-
mation shall be obliged to give true and complete information withinthe prescribed periods.
3. The survey may be waived where Member States already have
information from other sources which is at least equivalent as regardsprecision and quality.1991R3924 — EN — 20.11.2003 — 001.001 — 3
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4. Where the Statistical Office so requests, Member States shall send
it any information, in particular concerning methodology, necessary forthe implementation of this Regulation.
Article 6
Processingofresults
Member States shall process the completed questionnaires referred to
in Article 5 (1) or information from other sources referred to in Article5 (3) in accordance withth e detailed rules adopted in accordance with
the procedure laid down in Article 10.
Article 7
Transmissionofresults
1. Member States shall send the findings relating to a one-year
period to the Statistical Office of the European Communities within
six months after the end of the reference year. These findings shall
include data which are confidential under national law; their confiden-tial nature shall be explicitly stated.
2. Findings concerning headings with a survey period shorter than a
year shall be sent under the arrangements adopted in accordance withthe procedure laid down in Article 10.
3. Findings transmitted to the Statistical Office of the European
Communities shall be treated as confidential as required by Regulation(Euratom, EEC) No 1588/90 (
1).
4. The first survey shall cover 1993. Together with the data for 1993
the Member States shall send retrospective information relating to 1992
using national statistics which correspond as closely as possible to theProdcom list.
Article 8
Transitionalperiod
Articles 1 to 7 shall be the subject of progressive implementing
measures for the surveys covering 1993 and 1994.
Article 9
Committee
1. The Commission shall be assisted by the Statistical Programme
Committee set up by Decision 89/382/EEC, Euratom, hereinafter
referred to as ‘the Committee’.
2. The procedures for implementing this Regulation, including the
measures for adjustment to technical progress concerning collection ofdata and the processing of the results, shall be laid down by theCommission in accordance withth e procedure laid down in Article 10.
3. The Committee shall adopt its rules of procedure.
Article 10
Procedure
Where reference is made to this Article, Articles 4 and 7 of Decision
1999/468/EC (
2) shall apply, having regard to the provisions of Article
8 thereof.1991R3924 — EN — 20.11.2003 — 001.001 — 4
(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).▼M1
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The period laid down in Article 4(3) of Decision 1999/468/EC shall be
set at three months.
Article 11
Entryintoforce
This Regulation shall enter into force on the day of its publication in
theOfficial Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1991R3924 — EN — 20.11.2003 — 001.001 — 5
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