Regulation (EC) No 808/2004 of the European Parliament and of the Council of 21 April 2004 concerning Community statistics on the information society (Text with EEA relevance)
Date: 2004-04-21
Institutions: Council of the European Union, European Parliament
Subjects: EU statistics, data transmission, information society

30.4.2004

EN

Official Journal of the European Union

L 143/49

REGULATION (EC) No 808/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 21 April 2004

concerning Community statistics on the information society

(Text with EEA relevance)

EUROPEAN

THE
COUNCIL OF THE EUROPEAN UNION,

PARLIAMENT AND THE

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

Having regard to the proposal from the Commission,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (1),

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

The European Council in Lisbon in March 2000 set the
target for Europe to become within ten years the most
competitive and dynamic knowledge-based economy in
the world.

The eEurope Action Plan 2002 — endorsed at the Feira
European Council in June 2000 — established a process
of
target-setting and benchmarking to bring Europe
online as fast as possible.

The European Council in Seville in June 2002 endorsed
the aims of the eEurope Action Plan 2005, which called
for a legal basis to ensure regular and comparable data
provision in Member States and enable greater use of
official statistics on the information society.

The structural indicators which are used in the annual
Spring Report
require
indicators based on coherent statistical information from
the information society domain.

European Council

to the

The process of benchmarking eEurope as part of the
implementation of
requires
indicators based on coherent statistical information from
the information society domain.

eEurope Action Plans

statistics

Harmonised
and
Communications Technologies (ICT) usage in enterprises
are needed on an annual basis by the Commission's
services.

Information

on

(1) Opinion of the European Parliament of 29 January 2004 (not yet
published in the Official Journal) and Council Decision of 16 April
2004.

(7)

(8)

(9)

(10)

Harmonised statistics on ICT usage by individuals and in
households are needed on an annual basis by the
Commission's services.

The rapidly changing nature of the information society
domain requires that the statistics that are produced
adapt to new developments. This can be provided for by
having modules with a fixed duration and by allowing
for modification through implementing measures taking
into consideration Member States' resources and the
burden on respondents, technical and methodological
feasibility and the reliability of results.

specific Community statistics

The production of
is
governed by the rules set out in Council Regulation (EC)
No 322/97 of 17 February 1997 on Community
Statistics (2).

a

for

common framework

Since the objective of the proposed action, namely the
establishment of
the
systematic production of Community statistics on the
information society, cannot be sufficiently achieved by
the Member States and can therefore, by reason of the
scale or effects of
the action, be better achieved at
Community level, the Community may adopt measures,
in accordance with the principle of subsidiarity as set
out in Article 5 of the Treaty. In accordance with the
principle of proportionality, as set out in that Article,
this Regulation does not go beyond what is necessary in
order to achieve that objective.

(11)

The measures necessary for the implementation of this
Regulation 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 (3).

(12)

The Statistical Programme Committee, established by
Council Decision 89/382/EEC, Euratom (4), has been
consulted in accordance with Article 3 thereof,

(2) OJ L 52, 22.2.1997, p. 1. Regulation as amended by Regulation (EC)
No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1).

(3) OJ L 184, 17.7.1999, p. 23.
(4) OJ L 181, 28.6.1989, p. 47.

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Official Journal of the European Union

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HAVE ADOPTED THIS REGULATION:

Article 5

Article 1

Objective

The objective of
common framework
Community statistics on the information society.

this Regulation shall be to establish a
systematic production of

the

for

Article 2

Definitions

For the purpose of this Regulation:

(a)

‘Community statistics' shall have the meaning assigned to it
in Article 2 of Regulation (EC) No 322/97;

(b)

‘production of statistics' shall have the meaning assigned to
it in Article 2 of Regulation (EC) No 322/97;

(c)

‘reference period' shall mean a period to which data refer;

(d)

‘reference year' shall mean a reference period of one
calendar year;

(e)

shall mean a period specified in
‘collection period'
implementing measures during which a collection of data
takes place.

Methodological manual

The Commission,
in close cooperation with Member States,
shall draw up, and update as made necessary by new
implementing measures, a methodological manual which
contains recommended guidelines concerning the Community
statistics produced pursuant to this Regulation.

Article 6

Transmission of data

including

confidential

1. Member States shall transmit the aggregate data and the
metadata required by this Regulation and its implementing
to the
measures,
existing
Commission (Eurostat)
Community provisions on transmission of data subject
to
statistical confidentiality. Those Community provisions shall
apply to the treatment of the results, in so far as they include
confidential data.

aggregate data,
in accordance with the

2. Member States shall
the data and metadata
required by this Regulation in electronic form, in accordance
with an interchange standard agreed between the Commission
and the Member States.

transmit

Article 3

Scope

Article 7

Quality criteria and reports

The statistics to be compiled shall

1.
include information
required for the eEurope benchmarking process, and useful to
the structural
indicators, and other information necessary to
provide a uniform basis on which to analyse the information
society.

The statistics shall be grouped as modules, as defined in

2.
Annexes I and II.

Article 4

Modules

The modules in this Regulation shall cover
domains:

the following

— enterprises and the information society, as defined in

Annex I,

— individuals, households and the information society, as

defined in Annex II.

The Commission (Eurostat) shall assess the quality of the

1.
data transmitted.

The Commission (Eurostat),

2.
in close cooperation with
Member States, shall develop recommended common standards
designed to ensure the quality (according to the standard
Eurostat quality criteria) of the data provided. These standards
shall be published in the methodological manual.

3. Member States shall take all measures necessary to ensure
the quality of the data transmitted.

4. Within a set period after the deadline for transmission of
results, Member States shall supply the Commission
final
(Eurostat) with a report on the quality of the data transmitted
on the basis of the standards referred to in paragraph 2. These
reports shall specify instances in which the said standards have
not been complied with. The period shall be agreed upon
during the development of implementing measures.

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Official Journal of the European Union

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Article 8

Implementing measures

Article 10

Financing

implementing the modules of

this
1.
The measures for
selection and specification,
Regulation shall concern the
adjustment
their
and modification
characteristics, the coverage, reference periods and breakdowns
of characteristics, the periodicity and timing of data provision
and the deadlines for transmission of results.

subjects

and

of

including

Implementing measures,

2.
and
updating measures to take account of economic and technical
changes, shall be laid down in accordance with the procedure
referred to in Article 9(2), taking into consideration Member
States' resources and the burden on respondents, technical and
methodological feasibility and reliability of results.

adjustment

Implementing measures shall be drawn up at least nine

3.
months before the start of a data collection period.

Article 9

Committee

1.
The Commission shall be assisted by the Statistical
Programme Committee established by Decision 89/382/EEC,
Euratom, hereinafter referred to as ‘the Committee'.

2. Where reference is made to this paragraph, Articles 5
and 7 of Decision 1999/468/EC 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.

1.
For at least the first year in which Community statistics
as provided for in implementing measures adopted pursuant to
this Regulation are produced by Member
the
Commission shall make a financial contribution to the Member
States to help cover the costs incurred by them in producing,
processing and transmitting those statistics. The amount of the
financial contribution shall not exceed 90 % of such costs.

States,

2.
The conditions and procedures for making the financial
contribution and for its payment and control shall be in
accordance with Council Regulation (EC, Euratom) No
1605/2002 of 25 June 2002 on the Financial Regulation
applicable
European
Communities (1).

general

budget

the

the

of

to

If budgetary conditions so permit, the Commission shall
3.
continue to make a financial contribution to Member States in
order to help offset the costs of providing these statistics in
subsequent years.

The

budgetary

the
authority
4.
appropriations available for such financial contribution in the
framework of
the
European Communities.

annual budgetary procedures of

authorise

shall

the

Article 11

Entry into force

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 Strasbourg, 21 April 2004.

For the European Parliament

The President

P. COX

For the Council

The President

D. ROCHE

(1) OJ L 248, 16.9.2002, p. 1.

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Official Journal of the European Union

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ANNEX I

Module 1: Enterprises and the information society

a) Aims

The aim of this module is the timely provision of statistics on enterprises and the information society. This module
provides a framework for the requirements in terms of coverage, duration and periodicity, subjects covered,
breakdowns of data provision and any necessary pilot studies.

b) Coverage

This module covers business activities within Sections D to K and Division 92 of the statistical classification of
economic activities in the European Community (NACE REV. 1.1). Section J will be included subject to successful
prior pilot studies.

The statistics will be compiled for enterprise units.

c) Duration and periodicity of data provision

Statistics will be provided annually for up to five reference years following the date of entry into force of this
Regulation. Not all characteristics will necessarily be provided each year; the periodicity of provision for each
characteristic will be specified and agreed upon as part of the implementing measures referred to in Article 8.

d)

Subjects covered

The characteristics to be provided will be drawn from the following list of subjects:

— ICT systems and their usage in enterprises,

— use of internet and other electronic networks by enterprises,

— e-commerce and e-business processes,

— ICT competence in the enterprise unit and the demand for ICT skills,

— barriers to use of ICT, internet and other electronic networks, e-commerce and e-business processes,

— ICT expenditure and investment,

— ICT security,

— perceived effects of ICT usage on enterprises.

Not all subjects will necessarily be covered each year.

e) Breakdowns of data provision

Not all breakdowns will necessarily be provided each year; the breakdowns required will be drawn from the
following list and agreed upon as part of the implementing measures:

— by size class,

— by NACE heading,

— by region: regional breakdowns will be limited to no more than three groupings.

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f)

Pilot studies

Whenever significant new data requirements are identified or insufficient quality of data is to be expected, the
Commission will institute pilot studies to be completed on a voluntary basis by the Member States before any data
collection. Such pilot studies will be carried out in order to assess the feasibility of the relevant data collection,
taking into consideration the benefits of the availability of the data in relation to the collection costs and the
burden on respondents.

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Official Journal of the European Union

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ANNEX II

Module 2: Individuals, households and the information society

a) Aims

The aim of this module is the timely provision of statistics on individuals, households and the information society.
This module provides a framework for the requirements in terms of coverage, duration and periodicity, subjects
covered, breakdowns of data provision and any necessary pilot studies.

b) Coverage

This module covers statistics about individuals and households.

c) Duration and periodicity of data provision

Statistics will be provided annually for up to five reference years following the date of entry into force of this
Regulation. Not all characteristics will necessarily be provided each year; the periodicity of provision for each
characteristic will be specified and agreed upon as part of the implementing measures referred to in Article 8.

d)

Subjects covered

The characteristics to be provided will be drawn from the following list of subjects:

— access to and use of ICT systems by individuals and/or in households,

— use of internet for different purposes by individuals and/or in households,

— ICT security,

— ICT competence,

— barriers to use of ICT and the Internet,

— perceived effects of ICT usage on individuals and/or on households.

Not all subjects will necessarily be covered each year.

e) Breakdowns of data provision

Not all breakdowns will necessarily be provided each year; the breakdowns required will be drawn from the
following list and agreed upon as part of the implementing measures:

A.

for statistics supplied for households:

— by household type;

B.

for statistics supplied for individuals:

— by age group,

— by sex,

— by education level,

— by employment situation,

— by region.

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f)

Pilot studies

Whenever significant new data requirements are identified or insufficient quality of data is to be expected, the
Commission will institute pilot studies to be completed on a voluntary basis by the Member States before any data
collection. Such pilot studies will be carried out in order to assess the feasibility of the relevant data collection,
taking into consideration the benefits of the availability of the data in relation to the collection costs and the
burden on respondents.