EN Official Journal of the European Union L 245/1

COMMISSION REGULATION (EU) No 937/2011

of 21 September 2011

implementing Regulation (EC) No 808/2004 of the European Parliament and of the Council concerning Community statistics on the information society

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 808/2004 of the European Parliament and of the Council of 21 April 2004 concerning Community statistics on the information society (1), and in particular Article 8 thereof,

Whereas:

(1) Regulation (EC) No 808/2004 established a common framework for the systematic production of European statistics on the information society.

(2) Pursuant to Article 8(1) of Regulation (EC) No 808/2004, implementing measures are necessary to determine the data to be supplied for preparation of the statistics referred to in Articles 3 and 4 of that Regulation and the deadlines for their transmission.

(3) The measures provided for in this Regulation are in accordance with the opinion of the European Statistical System Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The data to be transmitted for the production of European statistics on the information society as referred to in Articles 3(2) and 4 of Regulation (EC) No 808/2004 shall be as specified in Annexes I and II to this Regulation.

Article 2

This Regulation shall enter into force on the 20th day following 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, 21 September 2011. For the Commission The President José Manuel BARROSO

(1) OJ L 143, 30.4.2004, p. 49.

ANNEX I MODULE 1: ENTERPRISES AND THE INFORMATION SOCIETY 1. SUBJECTS AND THEIR CHARACTERISTICS (a) The subjects to be covered for the reference year 2012, selected from the list in Annex I to Regulation (EC) No 808/2004, are: — ICT systems and their usage in enterprises, — ICT competence in the enterprise unit and the need for ICT skills, — use of the Internet and other electronic networks by enterprises, — use of ICT by enterprises to exchange information and services with governments and public administrations (e-government), — access to and use of technologies providing the ability to connect to the Internet or other networks from anywhere at any time (ubiquitous connectivity), — e-business processes and organisational aspects, — e-commerce, — ICT investment and expenditure. (b) The following enterprise characteristics are to be collected: ICT systems and their usage in enterprises Characteristics to be collected for all enterprises: — computer usage. Characteristics to be collected for enterprises that use computers: — (optional) persons employed or percentage of the total number of persons employed who used computers at least once a week, — (optional) use of IT applications to provide persons employed with remote access to the enterprise’s e-mail system, documents or applications. ICT competence in the enterprise unit and the need for ICT skills Characteristics to be collected for enterprises that use computers: — employment of ICT/IT specialists, — recruitment or attempted recruitment of personnel for jobs requiring ICT/IT specialist skills, during the previous year, — provision of training to develop or upgrade ICT related skills for ICT/IT specialists, during the previous year, — provision of training to develop or upgrade ICT related skills for other persons employed, during the previous year. Characteristics to be collected for enterprises that use computers and recruited or tried to recruit personnel for jobs requiring ICT/IT specialist skills during the previous year: — existence of hard-to-fill vacancies for jobs requiring ICT/IT specialist skills, during the previous year. Use of the Internet and other electronic networks by enterprises Characteristics to be collected for enterprises that use computers: — access to the Internet. Characteristics to be collected for enterprises that have access to the Internet: — Internet connection: DSL, — Internet connection: other fixed broadband Internet connection, — Internet connection: dial-up access over normal telephone line or ISDN connection, — Internet connection: mobile broadband connection, — (optional) Internet connection: mobile broadband connection via portable computer with at least 3G modem, — (optional) Internet connection: mobile broadband connection via handset with at least 3G technology, — Internet connection: other mobile connection, — Internet connection: maximum contracted download speed of the fastest Internet connection in MBit/s; ([0;<2], [2;<10], [10;<30], [30;<100], [>=100]), — persons employed or percentage of the total number of persons employed who used computers with access to the World Wide Web at least once a week, — use of a website or home page. Characteristics to be collected for enterprises that have a website or home page: — provision of the following facility: online ordering or reservation or booking, — (optional) provision of the following facility: privacy policy statement, a privacy seal or certification related to website safety, — (optional) provision of the following facility: product catalogues or price lists, — (optional) provision of the following facility: order tracking available online, — (optional) provision of the following facility: possibility for visitors to customise or design the products, — (optional) provision of the following facility: personalised content for regular/repeated visitors, — (optional) provision of the following facility: advertisement of open job positions or online job application. Use of ICT by enterprises to exchange information and services with governments and public administrations (e-government) Characteristics to be collected for enterprises that have access to the Internet: — Internet usage for obtaining information from public authorities’ websites or home pages, during the previous calendar year, — Internet usage for obtaining forms from public authorities’ websites or home pages, during the previous calendar year, — Internet usage for returning filled-in forms electronically to public authorities, during the previous calendar year, — Internet usage for handling the Value Added Tax (VAT) declaration completely electronically without the need for paperwork, during the previous calendar year, — Internet usage for handling the declaration of social contributions completely electronically without the need for paperwork, during the previous calendar year, — Internet usage for accessing tender documents and specifications in a public authority electronic procurement system, during the previous calendar year, — Internet usage for offering goods or services in national public authority electronic procurement systems (eTendering), during the previous calendar year, — Internet usage for offering goods or services in public authority electronic procurement systems (eTendering) in other EU Member States, during the previous calendar year. Access to and use of technologies providing the ability to connect to the Internet or other networks from anywhere at any time (ubiquitous connectivity) Characteristics to be collected for enterprises that have access to the Internet: — provision of portable devices to the persons employed, that allow a mobile connection to the Internet for business use, — limitations or barriers to the use of a mobile connection to the Internet for business use via a portable device due to connectivity problems in relation to mobile telephone networks for accessing the Internet, — limitations or barriers to the use of a mobile connection to the Internet for business use via a portable device due to high costs for subscribing to or using the Internet, — limitations or barriers to the use of a mobile connection to the Internet for business use via a portable device due to security related risks (disclosure, destruction or corruption of data), — limitations or barriers to the use of a mobile connection to the Internet for business use via a portable device due to technical obstacles or high costs for integrating mobile connection to the Internet into the enterprise’s business software applications, — limitations or barriers to the use of a mobile connection to the Internet for business use via a portable device due to other obstacles, — limitations or barriers to the use of a mobile connection to the Internet for business use via a portable device due to limited or no need for a mobile connection to the Internet for business use. Characteristics to be collected for enterprises that provide to the persons employed portable devices that allow a mobile connection to the Internet for business use: — provision of portable computers that allowed a mobile connection to the Internet for business use, — provision of other portable devices like Smartphone, Personal Digital Assistant (PDA) phone that allowed a mobile connection to the Internet for business use, — persons employed or percentage of the total number of persons employed provided with a portable device that allowed a mobile connection to the Internet for business use, — usage of portable devices that allowed a mobile connection to the Internet for business use for accessing publicly available information on the Internet, — usage of portable devices that allowed a mobile connection to the Internet for business use for accessing the enterprise’s e-mail system, — usage of portable devices that allowed a mobile connection to the Internet for business use for accessing and modifying the enterprise’s business documents, — usage of portable devices that allowed a mobile connection to the Internet for business use for using dedicated business software applications. E-business processes and organisational aspects Characteristics to be collected for enterprises that use computers: — use of Electronic Data Interchange (EDI), defined as the sending and/or receiving of messages via any computer network in an agreed or standard format which allows their automatic processing without the individual message being typed manually. Characteristics to be collected for enterprises that use EDI: — use of EDI for sending payment instructions to financial institutions, — use of EDI for sending or receiving product information, — use of EDI for sending or receiving transport documents, — use of EDI for sending or receiving data to/from public authorities. Characteristics to be collected for enterprises that use computers and are not classified in Section K of NACE Rev. 2: — sharing electronically information on supply chain management, defined as exchanging all types of information via websites or other means of electronic data transfer, with suppliers and/or customers in order to coordinate the availability and delivery of products or services to the final consumer, without the information being typed manually. Characteristics to be collected for enterprises that are not classified in Section K of NACE Rev. 2, sharing electronically information on supply chain management: — exchange of information electronically on supply chain management with suppliers, — exchange of information electronically on supply chain management with customers, — (optional) exchange of information electronically on supply chain management with suppliers or customers via websites (enterprise’s website, website of business partners or web portals), — (optional) exchange of information electronically on supply chain management with suppliers or customers via electronic exchange of information allowing automatic processing methods. Characteristics to be collected for enterprises that share information electronically and automatically between different functions of the enterprise, that can be processed automatically, defined as either use of one single software application to support the different functions of the enterprise or use of data linking between the software applications or use of a common database or data warehouse: — electronic and automatic sharing of information about sales orders received (either electronically or not) with the inventory management function, — electronic and automatic sharing of information about sales orders received (either electronically or not) with the accounting function, — electronic and automatic sharing of information about sales orders received (either electronically or not) with the production or services management function, — electronic and automatic sharing of information about sales orders received (either electronically or not) with the distribution management function, — electronic and automatic sharing of information about purchase orders sent (either electronically or not) with the inventory management function, — electronic and automatic sharing of information about purchase orders sent (either electronically or not) with the accounting function, — use of an ERP (Enterprise Resource Planning) software package to share information between different functional areas, — use of any software application for managing information about clients (Customer Relationship Management — CRM software) that allows it to capture, store and make available to other business functions information about the enterprise’s clients, — use of any software application for managing information about clients (Customer Relationship Management — CRM software) that allows analysing the information about clients for marketing purposes. E-commerce Characteristics to be collected for enterprises that use computers and are not classified in Section K of NACE Rev. 2: — receiving of orders for products or services that were placed via websites, in the previous calendar year, — receiving of orders for products or services via EDI-type messages, in the previous calendar year, — placing of orders for products or services via websites or EDI-type messages, in the previous calendar year. Characteristics to be collected for enterprises that have received orders placed via websites: — value or percentage of the total turnover of e-commerce sales resulting from orders that were placed via websites, in the previous calendar year, — (optional) percentage of e-commerce sales to private consumers (B2C) resulting from orders received that were placed via websites, in the previous calendar year, — (optional) percentage of e-commerce sales to other enterprises (B2B) and e-commerce sales to public authorities (B2G) resulting from orders received that were placed via websites, in the previous calendar year. Characteristics to be collected for enterprises that have received orders for products or services via EDI-type messages: — value or percentage of the total turnover of e-commerce sales resulting from orders received via EDI-type messages, in the previous calendar year. Characteristics to be collected for enterprises that have sent orders via websites or EDI-type messages: — (optional) sending of orders for products or services via websites, in the previous calendar year, — (optional) sending of orders for products or services via EDI-type messages, in the previous calendar year, — (optional) e-commerce purchases resulting from orders sent electronically, in the previous calendar year, either in percentage classes ([0;<1], [1;<5], [5;<10], [10;<25], [25;<50], [50;<75], [75;100]) or value of e-commerce purchases resulting from orders placed electronically or percentage of total purchases from e-commerce purchases resulting from orders placed electronically. ICT investment and expenditure Characteristics to be collected for all enterprises: — (optional) purchases of IT goods (computers and peripheral equipment) and communication goods (equipment), — (optional) share of purchased IT goods (computers and peripheral equipment) and communication goods (equipment) included in the balance sheet (investment), — (optional) purchases of other ICT goods (consumer electronic equipment, miscellaneous ICT components and goods, manufacturing services for ICT equipment), — (optional) share of purchased other ICT goods (consumer electronic equipment, miscellaneous ICT components and goods, manufacturing services for ICT equipment) included in the balance sheet (investment), — (optional) purchases of software, pre-packaged and customised (business and productivity software and licensing services), — (optional) share of purchased software, pre-packaged and customised (business and productivity software and licensing services) included in the balance sheet (investment), — (optional) total cost of producing own-account software, — (optional) purchases of information technology consultancy and services, telecommunication services and other ICT services, — (optional) share of purchased information technology consultancy and services, telecommunication services and other ICT services included in the balance sheet (investment), — (optional) purchases of operating leasing or rental services for ICT equipment. (c) The following enterprise background characteristics are to be collected or obtained from alternative sources: Characteristics to be collected for all enterprises: — main economic activity of the enterprise, in the previous calendar year, — average number of persons employed, in the previous calendar year. Characteristics to be collected or obtained from alternative sources for all enterprises for the subject ICT investment and expenditure: — (optional) total purchases of goods and services (in value terms, excluding VAT), in the previous calendar year, — (optional) total turnover (in value terms, excluding VAT), in the previous calendar year, — (optional) total investment (in value terms, excluding VAT), in the previous calendar year, — (optional) time needed to complete the questionnaire (in minutes). Characteristics to be collected for all enterprises that are not classified in Section K of NACE Rev. 2: — total turnover (in value terms, excluding VAT), in the previous calendar year, — (optional) total purchases of goods and services (in value terms, excluding VAT), in the previous calendar year. 2. COVERAGE The characteristics specified in heading 1(b) and 1(c) of this Annex are to be collected and obtained for enterprises classified in the following economic activities, for the following enterprise sizes and with the following geographical scope: (a) Economic activity: enterprises classified in the following categories of NACE Rev. 2: NACE category Description Section C ‘Manufacturing’ Section D, E ‘Electricity, gas and steam, water supply, sewerage and waste management’ Section F ‘Construction’ Section G ‘Wholesale and retail trade; repair of motor vehicles and motorcycles’ Section H ‘Transport and storage’ Section I ‘Accommodation and food service activities’ Section J ‘Information and communication’ Section L ‘Real estate activities’ Divisions 69-74 ‘Professional, scientific and technical activities’ Section N ‘Administrative and support activities’ Group 95.1 ‘Repair of computers and communication equipment’ (optional) Classes 64.19, 64.92, 66.12 and 66.19 Groups 65.1 and 65.2 ‘Financial and insurance activities’ (b) Enterprise size: enterprises with 10 or more persons employed. Enterprises with less than 10 persons employed are to be covered optionally. (c) Geographical scope: enterprises located in any part of the territory of the Member State. 3. REFERENCE PERIODS The reference period is 2011 for the characteristics referring to the previous calendar year. The reference period is January 2012 for the other characteristics. 4. BREAKDOWNS For the subjects and their characteristics listed in heading 1(b) of this Annex, the following background characteristics are to be provided: (a) Economic activity breakdown: according to the following NACE Rev. 2 aggregates: NACE Rev. 2 aggregation for possible calculation of national aggregates 10-18 19-23 24-25 26-33 35-39 41-43 45-47 49-53 55 58-63 (optional) 64.19 + 64.92 + 65.1 + 65.2 + 66.12 + 66.19 68 69-74 77-82 26.1-26.4, 26.8, 46.5, 58.2, 61, 62, 63.1, 95.1

NACE Rev. 2 aggregation for possible calculation of European aggregates 10-12 13-15 16-18 26 27-28 29-30 31-33 45 46 47 55-56 58-60 61 62-63 (optional) 64.19 + 64.92 (optional) 65.1 + 65.2 (optional) 66.12 + 66.19 77-78 + 80-82 79 95.1 (b) Size class breakdown: data are to be broken down by the following size classes by number of persons employed: Size class 10 or more persons employed 10 to 49 persons employed 50 to 249 persons employed 250 or more persons employed Where covered, the following breakdown is to be applied to enterprises with less than 10 persons employed. (The characteristics are to be provided for size classes ‘Less than 5 persons employed’ and ‘5 to 9 persons employed’ is optional.) Size class Less than 10 persons employed Less than 5 persons employed (optional) 5 to 9 persons employed (optional) 5. PERIODICITY The data are to be provided once for the year 2012. 6. DEADLINES (a) The aggregate data referred to in Article 6 of Regulation (EC) No 808/2004, where necessary flagged for confidentiality or unreliability, shall be forwarded to Eurostat before 5 October 2012 or, for aggregate data on the subject ‘ICT investment and expenditure’, before 30 June 2013. By that date, the dataset has to be finalised, validated and accepted. The tabulated, computer-readable transmission format shall follow the instructions provided by Eurostat. (b) The metadata referred to in Article 6 of Regulation (EC) No 808/2004 shall be forwarded to Eurostat before 31 May 2012 using the report template provided by Eurostat. (c) The quality report referred to in Article 7(3) of Regulation (EC) No 808/2004 shall be forwarded to Eurostat by 5 November 2012 or, for the subject ‘ICT investment and expenditure’, before 31 July 2013, using the report template provided by Eurostat.