EN Official Journal of the European Union L 213/7

COMMISSION REGULATION (EC) No 963/2007

of 14 August 2007

implementing Council Regulation (EC, Euratom) No 58/97 with regard to derogations to be granted for structural business statistics

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC, Euratom) No 58/97 of 20 December 1996 concerning structural business statistics (1), and in particular Article 12(x) thereof,

Whereas:

(1) Regulation (EC, Euratom) No 58/97 established a common framework for the production of Community statistics on environmental protection expenditures as well as on the structure, activity, performance and competitiveness of pension funds.

(2) Article 11 of Regulation (EC, Euratom) No 58/97 provides that derogations from the provisions of the Annexes to that Regulation may be accepted during the transitional periods. In accordance with Section 10 of Annex 2 and Section 10 of Annex 7 to that Regulation, the transitional periods laid down may be extended by a further period in respect of certain characteristics.

(3) Commission Regulation (EC) No 1667/2003 of 1 September 2003 (2) granted Member States derogations during a transitional period for the reference years 2001 to 2004 in respect of statistics on environmental protection expenditures and for the reference years 2002 to 2004 in respect of statistics on pension funds.

(4) Some Member States have asked for derogations for an extended transitional period from certain provisions of Annex 2 to Regulation (EC, Euratom) No 58/97 in respect of the characteristics 21 12 0 and 21 14 0 for the reference years 2005 to 2008 in order to put in place the necessary data collection systems or adapt the existing ones so that by the end of the transitional period the provisions of the Regulation will have been met.

(5) Several Member States have asked for derogations for an extended transitional period from certain provisions of Annex 7 to Regulation (EC, Euratom) No 58/97 in respect of pension funds for the reference years 2005 to 2007 in order to put in place the necessary data collection systems or adapt existing ones so that by the end of the transitional period the provisions of the Regulation will have been met.

(6) It seems justified to grant those derogations, as the Member States' requests are based on a legitimate need to further adapt their data collection systems.

(7) The measures provided for in this Regulation are in accordance with the opinion of the Statistical Programme Committee,

HAS ADOPTED THIS REGULATION:

Article 1

Derogations from the characteristics 21 12 0 and 21 14 0 of Section 4 of Annex 2 to Regulation (EC, Euratom) No 58/97 are granted for the reference years 2005 to 2008 as specified in Annex I to this Regulation.

Article 2

Derogations from the list of characteristics contained in Section 4 of Annex 7 to Regulation (EC, Euratom) No 58/97 are granted for the reference years 2005 to 2007 as specified in Annex II to this Regulation.

Article 3

This Regulation shall enter into force on the 20th 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, 14 August 2007. For the Commission Joaquín ALMUNIA Member of the Commission

(1) OJ L 14, 17.1.1997, p. 1. Regulation as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

(2) OJ L 244, 29.9.2003, p. 1.

ANNEX I Derogations for variables 21 12 0 and 21 14 0 of Annex 2 BELGIUM Annual enterprise statistics 2005 to 2008 variable 21 12 0 Multi-yearly enterprise statistics 2005 to 2008 variable 21 14 0 Investment in equipment and plant linked to cleaner technologies (integrated technology) Total current expenditure on environmental protection Complete, partial or no derogation Partial derogation Partial derogation Extra transmission period needed 18 + 3 18 + 3 Missing activities NACE Rev.1.1 37 NACE Rev.1.1 37 Missing size-classes None None Other points None None

BULGARIA Annual enterprise statistics 2005 to 2008 variable 21 12 0 Multi-yearly enterprise statistics 2005 to 2008 variable 21 14 0 Investment in equipment and plant linked to cleaner technologies (integrated technology) Total current expenditure on environmental protection Complete, partial or no derogation Complete derogation No derogation Extra transmission period needed None Missing activities None Missing size-classes None Other points None

DENMARK Annual enterprise statistics 2005 to 2008 variable 21 12 0 Multi-yearly enterprise statistics 2005 to 2008 variable 21 14 0 Investment in equipment and plant linked to cleaner technologies (integrated technology) Total current expenditure on environmental protection Complete, partial or no derogation Complete derogation Complete derogation Extra transmission period needed Missing activities Missing size-classes Other points

GERMANY Annual enterprise statistics 2005 to 2008 variable 21 12 0 Multi-yearly enterprise statistics 2005 to 2008 variable 21 14 0 Investment in equipment and plant linked to cleaner technologies (integrated technology) Total current expenditure on environmental protection Complete, partial or no derogation Partial derogation Partial derogation Extra transmission period needed 18 + 9 for NACE Rev.1.1 Section E 18 + 9 for NACE Rev.1.1 Section E Missing activities None None Missing size-classes None None Other points None None

GREECE Annual enterprise statistics 2005 to 2008 variable 21 12 0 Multi-yearly enterprise statistics 2005 to 2008 variable 21 14 0 Investment in equipment and plant linked to cleaner technologies (integrated technology) Total current expenditure on environmental protection Complete, partial or no derogation Partial derogation Partial derogation Extra transmission period needed None None Missing activities None None Missing size-classes 1-9 persons employed 1-9 persons employed Other points None None

FRANCE Annual enterprise statistics 2005 to 2008 variable 21 12 0 Multi-yearly enterprise statistics 2005 to 2008 variable 21 14 0 Investment in equipment and plant linked to cleaner technologies (integrated technology) Total current expenditure on environmental protection Complete, partial or no derogation Partial derogation Partial derogation Extra transmission period needed None None Missing activities None None Missing size-classes 1-49 persons employed except for : NACE Rev.1.1 divisions 15 and 16 1-49 persons employed except for : NACE Rev.1.1 divisions 15 and 16 Other points None None

IRELAND Annual enterprise statistics 2005 to 2008 variable 21 12 0 Multi-yearly enterprise statistics 2005 to 2008 variable 21 14 0 Investment in equipment and plant linked to cleaner technologies (integrated technology) Total current expenditure on environmental protection Complete, partial or no derogation Complete derogation Complete derogation Extra transmission period needed Missing activities Missing size-classes Other points Note: According to the provisions of Section 4, paragraph 3 and section 4, paragraph 4 of Annex 2 of the Council Regulation (EC, Euratom) No 58/97 the information necessary for the compilation of statistics relating to characteristics 21 11 0, 21 12 0 and 21 14 0 need not be collected if the total amount of the turnover or the number of persons employed in a division of NACE REV. 1 Sections C to E represent, in a Member State, less than 1 % of the Community total.

LUXEMBOURG Annual enterprise statistics 2005 to 2008 variable 21 12 0 Multi-yearly enterprise statistics 2005 to 2008 variable 21 14 0 Investment in equipment and plant linked to cleaner technologies (integrated technology) Total current expenditure on environmental protection Complete, partial or no derogation Complete derogation Complete derogation Extra transmission period needed Missing activities Missing size-classes Other points Note: According to the provisions of Section 4, paragraph 3 and section 4, paragraph 4 of Annex 2 of the Council Regulation No 58/97 the information necessary for the compilation of statistics relating to characteristics 21 11 0, 21 12 0 and 21 14 0 need not be collected if the total amount of the turnover or the number of persons employed in a division of NACE REV. 1 Sections C to E represent, in a Member State, less than 1 % of the Community total.

ROMANIA Annual enterprise statistics 2005 to 2008 variable 21 12 0 Multi-yearly enterprise statistics 2005 to 2008 variable 21 14 0 Investment in equipment and plant linked to cleaner technologies (integrated technology) Total current expenditure on environmental protection Complete, partial or no derogation 2005-2006: Complete derogation 2005-2006: Complete derogation Extra transmission period needed Missing activities Missing size-classes Other points

SLOVENIA Annual enterprise statistics 2005 to 2008 variable 21 12 0 Multi-yearly enterprise statistics 2005 to 2008 variable 21 14 0 Investment in equipment and plant linked to cleaner technologies (integrated technology) Total current expenditure on environmental protection Complete, partial or no derogation Partial derogation Partial derogation Extra transmission period needed 18 + 6 18 + 6 Missing activities NACE Rev.1.1 41 none Missing size-classes All fields of activities 1 to 19 persons employed and all size classes for NACE activity 41 All fields of activities 1 to 19 persons employed, except NACE 41 1 to 9 persons employed Other points None None

SLOVAKIA Annual enterprise statistics 2005 to 2008 variable 21 12 0 Multi-yearly enterprise statistics 2005 to 2008 variable 21 14 0 Investment in equipment and plant linked to cleaner technologies (integrated technology) Total current expenditure on environmental protection Complete, partial or no derogation Partial derogation Partial derogation Extra transmission period needed None None Missing activities None None Missing size-classes 1 to 19 persons employed 1 to 19 persons employed Other points None None