EN Official Journal of the European Union L 238/5

COMMISSION REGULATION (EU) No 859/2013

of 5 September 2013

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(2) thereof,

Whereas:

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

(2) Implementing measures are necessary to determine the data to be supplied for preparation of the statistics in Module 1: ‘Enterprises and the information society’ and Module 2: ‘Individuals, households and the information society’, 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 Article 3(2) and Article 4 of Regulation (EC) No 808/2004 in Module 1: ‘Enterprises and the information society’ and Module 2: ‘Individuals, households and the information society’, shall be as specified in Annexes I and II to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth 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, 5 September 2013. 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 2014, 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, — 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, — access to and use of the internet and other network technologies for connecting objects and devices (Internet of Things), — e-commerce. (b) The following enterprise characteristics are to be collected: ICT systems and their usage in enterprises Characteristic to be collected for all enterprises: — computer usage. Characteristic to be collected for enterprises that use computers: — (optional) persons employed or percentage of the total number of persons employed who use computers for business purposes. ICT competence in the enterprise unit and the need for ICT skills Characteristics to be collected for enterprises that use computers: — employment of ICT specialists, — provision of any type of training to develop ICT-related skills for ICT specialists, during the previous calendar year, — provision of any type of training to develop ICT-related skills for other persons employed, during the previous calendar year, — recruitment or attempted recruitment of ICT specialists, during the previous calendar year. Characteristic to be collected for enterprises that use computers and which have recruited or tried to recruit ICT specialists during the previous calendar year: — existence of vacancies for ICT specialists that were difficult to fill, during the previous calendar year. Use of the internet and other electronic networks by enterprises Characteristic to be collected for enterprises that use computers: — access to the internet. Characteristics to be collected for enterprises that have access to the internet: — persons employed or percentage of the total number of persons employed who use computers with access to the internet for business purposes, — internet connection: DSL or any other type of fixed broadband connection, — internet connection: maximum contracted download speed of the fastest internet connection in Mbit/s; ([0;< 2], [2;< 10], [10;< 30], [30;< 100], [≥ 100]), — internet connection: mobile broadband connection via a portable device using mobile telephone networks (‘3G’ or ‘4G’), — (optional) internet connection: mobile broadband connection via portable computer using mobile telephone networks (‘3G’ or ‘4G’), — (optional) internet connection: mobile broadband connection via other portable devices such as smartphones using mobile telephone networks (‘3G’ or ‘4G’), — internet connection: other mobile connection using mobile telephone networks, — persons employed or percentage of the total number of persons employed using a portable device provided by the enterprise which allows internet connection via mobile telephone networks, for business purposes, — (optional) use of social networks, not solely used for posting paid adverts, — (optional) use of enterprise’s blogs or microblogs, not solely used for posting paid adverts, — (optional) use of multimedia content-sharing websites, not solely used for posting paid adverts, — (optional) use of wiki-based knowledge-sharing tools, not solely used for posting paid adverts, — use of a website. Characteristics to be collected for enterprises that have a website: — (optional) provision of the following facility: description of goods or services, price lists, — provision of the following facility: online ordering or reservation or booking, — (optional) provision of the following facility: possibility for visitors to customise or design online goods or services, — (optional) provision of the following facility: tracking or status of placed orders, — (optional) provision of the following facility: personalised content in the website for regular/recurrent visitors, — (optional) provision of the following facility: links or references to the enterprise’s social media profiles, — (optional) provision of the following facility: privacy policy statement, privacy seal, or certification of website safety, — (optional) provision of the following facility: advertisement of open job positions or online job application, — provision of the following facility: electronic submission of complaints. 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: — (optional) provision of remote access to the enterprise’s e-mail system, documents or applications, — (optional) use of paid adverts on the internet, — use of cloud computing services, excluding free-of-charge-services. Characteristics to be collected for enterprises that have access to the internet and buy cloud computing services: — use of e-mail as a cloud computing service, — use of office software as a cloud computing service, — hosting the enterprise’s database(s) as a cloud computing service, — storing files as a cloud computing service, — use of finance or accounting software applications as a cloud computing service, — use of Customer Relationship Management (CRM) as a cloud computing service, — use of computing power for running the enterprise’s own software as a cloud computing service, — use of cloud computing services delivered from shared servers of service providers, — use of cloud computing services delivered from servers of service providers exclusively reserved for the enterprise, — factors limiting the use of cloud computing services: risk of a security breach, — factors limiting the use of cloud computing services: problems accessing data or software, — factors limiting the use of cloud computing services: difficulties in unsubscribing or changing service provider (including concerns about data portability), — factors limiting the use of cloud computing services: uncertainty about the location of the data, — factors limiting the use of cloud computing services: uncertainty about applicable law, jurisdiction, dispute resolution mechanism, — factors limiting the use of cloud computing services: high costs of buying cloud computing services, — factors limiting the use of cloud computing services: insufficient knowledge of cloud computing, — (optional) the degree to which benefits related to the reduction of ICT-related costs were realised, on the scale: ‘to a high degree’, ‘to some degree’, ‘to a limited degree’, ‘not at all’, — (optional) the degree to which benefits related to flexibility generated by scaling cloud computing services up or down were realised, on the scale: ‘to a high degree’, ‘to some degree’, ‘to a limited degree’, ‘not at all’, — (optional) the degree to which benefits related to easy and quick deployment of solutions based on cloud computing were realised, on the scale: ‘to a high degree’, ‘to some degree’, ‘to a limited degree’, ‘not at all’. Characteristics to be collected for enterprises that have access to the internet and do not buy any cloud computing services: — (optional) factors preventing the use of cloud computing services: risk of a security breach, — (optional) factors preventing the use of cloud computing services: uncertainty about the location of the data, — (optional) factors preventing the use of cloud computing services: uncertainty about applicable law, jurisdiction, dispute resolution mechanism, — (optional) factors preventing the use of cloud computing services: high costs of buying cloud computing services, — (optional) factors preventing the use of cloud computing services: insufficient knowledge of cloud computing. E-business processes and organisational aspects Characteristics to be collected for enterprises that use computers: — sending of invoices to other enterprises or public authorities, during the previous calendar year, — percentage of all invoices sent as eInvoices in a standard structure suitable for automated processing, to other enterprises or public authorities, during the previous calendar years, — percentage of all invoices sent as invoices in electronic form not suitable for automated processing, to other enterprises or public authorities, during the previous calendar year, — percentage of all invoices sent only as invoices in paper form, to other enterprises or public authorities, during the previous calendar year, — percentage of all invoices received as eInvoices, in a standard structure suitable for automated processing, during the previous calendar year, — percentage of all invoices received as invoices in paper form or in electronic form not suitable for automated processing, during the previous calendar year, — use of an ERP (Enterprise Resource Planning) software package to share information among different functional areas, — use of any software application for managing information on customers (Customer Relationship Management — CRM software) that makes it possible to capture, store and make available to other business functions information on the enterprise’s customers, — use of any software application for managing information on customers (Customer Relationship Management — CRM software) that enables information on customers to be analysed for marketing purposes, — use of EDI-type (Electronic Data Interchange) messages for sending payment instructions to financial institutions, — use of EDI-type (Electronic Data Interchange) messages for sending or receiving data to/from public authorities, — electronic sharing of Supply Chain Management (SCM) information with suppliers 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 electronically share Supply Chain Management information: — electronic sharing of Supply Chain Management information with suppliers or customers via websites (enterprise’s website, website of business partners or web portals), — electronic sharing of Supply Chain Management information with suppliers or customers via electronic exchange of information suitable for automated processing. Access to and use of the internet and other network technologies for connecting objects and devices (Internet of Things) Characteristics to be collected for enterprises that use computers: — use of Radio Frequency Identification (RFID) instruments for person identification or access control, — use of Radio Frequency Identification (RFID) instruments as part of the production and service delivery process, — use of Radio Frequency Identification (RFID) instruments for product identification after the production process. E-commerce Characteristics to be collected for enterprises that use computers: — receiving of orders for goods or services that were placed via a website (web sales), in the previous calendar year, — receiving of orders for goods or services via EDI-type messages (EDI-type sales), in the previous calendar year, — placing of orders for goods or services via a website or EDI-type messages, in the previous calendar year. Characteristics to be collected for enterprises that have received orders placed via a website in the previous calendar year: — use of online payment systems for sales via a website, i.e. payment integrated in the ordering transaction, — use of offline payment systems for sales via a website, i.e. payment not integrated in the ordering transaction, — value or percentage of the total turnover of e-commerce sales resulting from orders placed via a website, in the previous calendar year, — percentage of e-commerce sales to private consumers (B2C) resulting from orders placed via a website, in the previous calendar year, — percentage of e-commerce sales to other enterprises (B2B) and e-commerce sales to public authorities (B2G) resulting from orders placed via a website, in the previous calendar year. Characteristic 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 placed orders via a website or EDI-type messages: — (optional) placing of orders for goods or services via a website, in the previous calendar year, — (optional) placing of orders for goods or services via EDI-type messages, in the previous calendar year, — placing of orders for goods or services to the value of at least 1 % of the total value of purchases, in the previous calendar year. (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, — total turnover (in value terms, excluding VAT), in the previous calendar year. 2. COVERAGE The characteristics specified in headings 1(b) to (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’ (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 2013 for the characteristics referring to the previous calendar year. The reference period is 2014 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 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 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. (Providing the characteristics 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 2014. 6. DEADLINES (a) The aggregate data referred to in Article 6 of Regulation (EC) No 808/2004, where necessary flagged for confidentiality or unreliability, are to be transmitted to Eurostat before 5 October 2014. By that date, the dataset has to be finalised, validated and accepted. (b) The metadata referred to in Article 6 of Regulation (EC) No 808/2004 are to be forwarded to Eurostat before 31 May 2014. (c) The quality report referred to in Article 7(3) of Regulation (EC) No 808/2004 is to be forwarded to Eurostat by 5 November 2014. (d) The data and metadata are to be provided to Eurostat in accordance with the exchange standard specified by Eurostat using the Single Entry Point services. The metadata and the quality report are to be provided in the standard metadata structure defined by Eurostat.