COMMON POSITION (EC) No 39/2002

adopted by the Council on 15 April 2002

with a view to adopting Regulation (EC) No .../2002 of the European Parliament and of the Council of ... amending Council Regulation (EC) No 577/98 on the organisation of a labour force sample survey in the Community

(2002/C 145 E/06)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 285(1) thereof,

Having regard to the proposal from the Commission(1),

Having regard to the opinion of the Economic and Social Committee(2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),

Whereas:

(1) Council Regulation (EC) No 577/98(4) lays down the basic provisions for a labour force sample survey, designed to provide comparable statistical information on the level and pattern of, and trends in, employment and unemployment in the Member States.

(2) An expeditious implementation by all Member States of the continuous labour force sample survey required by Regulation (EC) No 577/98 was considered a priority action in the action plan on EMU statistical requirements endorsed by the Council on 19 January 2001.

(3) Sufficient time has now passed since Regulation (EC) No 577/98 took effect to allow all Member States to make the arrangements and commitments needed fully to implement that Regulation. However not all Member States have made such arrangements and commitments. Therefore, the derogation that allows Member States to limit themselves to an annual survey should be subject to a time limit.

(4) The measures necessary for the implementation of Regulation (EC) No 577/98 should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(5).

(5) Regulation (EC) No 577/98 should therefore be amended accordingly.

(6) The Statistical Programme Committee, established by Council Decision 89/382/EEC, Euratom(6) has been consulted in accordance with Article 3 of that Decision,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 577/98 is amended as follows:

1. in Article 1, the second paragraph shall be replaced by the following: "The survey shall be a continuous survey providing quarterly and annual results; however, during a transitional period not extending beyond 2002, Member States which are unable to implement a continuous survey shall instead carry out an annual survey, to take place in the spring.

By way of derogation, the transitional period shall be extended

(a) until 2003 for Italy;

(b) until 2004 for Germany under the condition that Germany provides quarterly substitute estimates for the main labour force sample survey aggregates as well as annual average estimates for some specified labour force sample survey aggregates.";

2. Article 8 shall be replaced by the following: "Article 8

Procedure

1. The Commission shall be assisted by the Statistical Programme Committee instituted by Article 1 of Council Decision No 89/382/EEC, Euratom(7).

2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC(8) shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3. The Committee shall adopt its rules of procedure."

Article 2

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Communities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ...

For the European Parliament

The President

For the Council

The President

(1) OJ C 270 E, 25.9.2001, p. 23.

(2) OJ C 48, 21.2.2002, p. 67.

(3) Opinion of the European Parliament of 11 December 2001 (not yet published in the Official Journal), Council Common Position of 15 April 2002 and Decision of the European Parliament of ... (not yet published in the Official Journal).

(4) OJ L 77, 14.3.1998, p. 3.

(5) OJ L 184, 17.7.1999, p. 23.

(6) OJ L 181, 28.6.1989, p. 47.

(7) OJ L 181, 28.6.1989, p. 47.

(8) OJ L 184, 17.7.1999, p. 23.

STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 13 June 2001, the Commission forwarded to the Council a proposal for a European Parliament and Council Regulation amending Regulation (EC) No 577/98 on the organisation of a labour force sample survey in the Community.

2. The above proposal is based on Article 285 of the Treaty according to which the procedure of co-decision with the European Parliament prescribed in Article 251 of the Treaty applies.

3. The European Parliament approved the Commission proposal without amendment at first reading on 11 December 2001.

4. The Economic and Social Committee delivered its opinion on 14 January 2002.

5. On 15 April 2002 the Council adopted its Common Position pursuant to Article 251 of the Treaty.

II. OBJECTIVE OF THE PROPOSAL

The purpose of the proposal is to modify Regulation (EC) No 577/98 to ensure that all Member States implement a continuous labour force sample survey. It will withdraw the possibility for Member States which have difficulty in implementing a continuous survey to carry out only an annual survey.

The proposal also updates the comitology provisions in the Regulation in accordance with Council Decision 1999/468/EC of 28 June 1999.

III. ANALYSIS OF THE COMMON POSITION

The Common Position follows the Commission proposal, approved by the European Parliament, with the addition of derogations for Italy and Germany to enable them to make the technical preparations necessary to implement a continuous survey.

For Italy, the derogation is for one year, until the end of 2003.

For Germany, the derogation is for two years, until the end of 2004, on the condition that Germany provides quarterly substitute estimates for the main labour force sample survey aggregates as well as annual average estimates for some specified labour force sample survey aggregates. The provision of this information will protect the integrity of EU statistics during the transitional period in which Germany will not provide data from a continuous survey, by ensuring the availability of more frequent and more specific data than that currently provided under the annual survey.

IV. CONCLUSION

The Council considers that the modifications introduced in its Common Position are fully in line with the objectives of the proposed Regulation and provide for full implementation of the Regulation as soon as possible.