COMMISSION IMPLEMENTING DECISION (EU) 2021/431

of 10 March 2021

granting derogations to certain Member States from Regulation (EC) No 862/2007 of the European Parliament and of the Council on Community statistics on migration and international protection

(notified under document C(2021) 1490)

(Only the Croatian, Czech, Dutch, French, German, Greek, Italian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Spanish and Swedish texts are authentic)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers (1), and in particular Article 11a thereof,

Whereas:

(1) Regulation (EC) No 862/2007 requires the Member States to supply statistics on immigration to and emigration from their territories, on the citizenship and country of birth of persons usually resident in their territories and on administrative and judicial procedures and processes relating thereto.

(2) In accordance with Article 11a(1) of Regulation (EC) No 862/2007, the Commission may grant temporary derogations to Member States on the basis of requests justified by the need for major adaptations to be made to their national statistical systems in order to fully comply with that Regulation.

(3) Belgium, Czechia, Germany, Spain, France, Croatia, Italy, Cyprus, Lithuania, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia and Sweden have submitted requests to be granted temporary derogations.

(4) The information provided to the Commission concerning those requests indicate that they are justified by the need for major adaptations to the national statistical systems of the concerned Member States in order to comply with new statistical requirements of Regulation (EC) No 862/2007 introduced by Regulation (EU) 2020/851 of the European Parliament and of the Council (2).

(5) The requested derogations should therefore be granted to Belgium, Czechia, Germany, Spain, France, Croatia, Italy, Cyprus, Lithuania, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia and Sweden.

(6) Progress on these major adaptations in the Member States concerned would be monitored by the Commission.

(7) The measures provided for in this Decision are in accordance with the opinion of the European Statistical System Committee established by Article 7 of Regulation (EC) No 223/2009 of the European Parliament and of the Council (3),

HAS ADOPTED THIS DECISION:

Article 1 The derogations from Regulation (EC) No 862/2007 set out in the Annex to this Decision are granted to the Member States listed therein.

Article 2 This Decision is addressed to the Kingdom of Belgium, the Czech Republic, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Lithuania, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Poland, the Portuguese Republic, Romania, the Slovak Republic and the Kingdom of Sweden.

Done at Brussels, 10 March 2021. For the Commission Paolo GENTILONI Member of the Commission

(1) OJ L 199, 31.7.2007, p. 23.

(2) Regulation (EU) 2020/851 of the European Parliament and of the Council of 18 June 2020 amending Regulation (EC) No 862/2007 on Community statistics on migration and international protection (OJ L 198, 22.6.2020, p. 1).

(3) Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164).