Text proposed by the Commission Amendments proposed by the ECB (1)

Amendment 1

Article 20 — Transmission of confidential data Article 20 — Transmission of confidential data

1. Transmission between the national authorities and between the national authorities and the Commission (Eurostat), of confidential data may take place provided that this transmission is necessary for the development, production and dissemination of European Statistics. Any further transmission must be explicitly authorised by the national authority that collected the data. 1. Transmission between the national authorities and between the national authorities and the Commission (Eurostat), of confidential data may take place provided that this transmission is necessary for the development, production and dissemination of European statistics. Any further transmission must be explicitly authorised by the national authority that collected the data.

2. National rules on statistical confidentiality may not be invoked to prevent the transmission of confidential data where an act of Community law provides for the transmission of such data. 3. 2. The exchange of confidential data for statistical purposes between the Transmission from an ESS statistical authority to and the an ESCB central bank of confidential data may take place where deemed provided that this transmission is necessary for the efficient development, production and or dissemination of European or ESCB statistics referred to in Article 285 of the Treaty and Article 5 of the Statute of the ESCB and the ECB and if explicitly provided for in Community law.

3. The exchange of confidential data for statistical purposes between the ESS and the ESCB may take place where deemed necessary for the development, production and dissemination of European or ESCB Statistics and if explicitly provided for in Community law. 2. 3. National rules on statistical confidentiality may not be invoked to prevent the transmission of confidential data under paragraphs 1 and 2, where an act of Community law provides for the transmission of such data.

4. The protection measures provided for in this Regulation shall apply to all confidential data transmitted within the ESS and between the ESS and the ESCB. 4. If confidential data are transmitted by an ESCB central bank to an ESS statistical authority in accordance with Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank ( 2 ) , these data shall be used exclusively for the development, production or dissemination of European statistics referred to in Article 285 of the Treaty and Article 5 of the Statute of the ESCB and the ECB. 5. Without prejudice to paragraph 2, [a]ny further transmission of confidential data outside the ESS must be explicitly authorised by the national authority that collected the data. 4. 6. The protection measures provided for in this Regulation shall apply to all confidential data transmitted within the ESS and between the ESS statistical authorities and the ESCB central banks.

Justification — See paragraph 1.3 of the opinion

Amendment 2

Article 23 — Access to administrative records In order to reduce the burden on respondents, the national authorities and the Commission (Eurostat) shall have access to administrative data sources, each in the fields of activity of their own public administrations, to the extent that these data are necessary for the development, production and dissemination of European Statistics. The practical arrangements and the limits and conditions for achieving effective access shall be determined where necessary by each Member State and the Commission in their respective spheres of competence. Article 23 — Access to administrative records In order to reduce the burden on respondents, the national authorities and the Commission (Eurostat) shall have access to administrative data sources, each in the fields of activity of their own public administrations, to the extent that these data are necessary for the development, production and dissemination of European statistics. The practical arrangements and modalities the limits and conditions for achieving effective access shall be determined where necessary by each Member State and the Commission in their respective spheres of competence.

Justification — See paragraph 1.4 of the opinion

Amendment 3

Having regard to the proposal from the Commission, After consulting the European Data Protection Supervisor, Having regard to the proposal from the Commission, Having regard to the opinion of the European Central Bank, After consulting the European Data Protection Supervisor,