Regulation (EC) No 1552/2005 of the European Parliament and of the Council of 7 September 2005 on statistics relating to vocational training in enterprises   (Text with EEA relevance)
Date: 2005-09-07
Institutions: Council of the European Union, European Parliament
Subjects: EU statistics, continuing education, data collection, disclosure of information, employment statistics, in-service training, professional qualifications, statistical method

30.9.2005

EN

Official Journal of the European Union

L 255/1

I

(Acts whose publication is obligatory)

REGULATION (EC) No 1552/2005 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 7 September 2005

on statistics relating to vocational training in enterprises

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, 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)

At the Lisbon European Council on 23 and 24 March
2000 the European Union set
the strategic goal of
becoming the most competitive and dynamic knowl-
edge-based economy in the world, capable of sustained
economic growth with more and better jobs and greater
social cohesion.

The employability, adaptability and mobility of citizens
are vital for the Union to maintain its commitment to
becoming the most competitive and dynamic knowl-
edge-based economy in the world.

Lifelong learning is a key element in developing and
promoting a skilled, trained and adaptable workforce.

The Council Conclusions of 5 May 2003 on reference
levels of European average performance in education
and training (Benchmarks) (2) adopted the following
‘Therefore, by 2010,
benchmark for lifelong learning:
the European Union average level of participation in
Lifelong Learning should be at least 12,5 % of the adult
working age population (25 to 64 age group)’.

(1) Opinion of the European Parliament of 23 February 2005 (not yet
published in the Official Journal) and Council Decision of 27 June
2005.

(2) OJ C 134, 7.6.2003, p. 3.

(5)

(6)

Lisbon European Council

confirmed lifelong
The
learning as a basic component of the European social
model.

The new European Employment Strategy confirmed by
Council Decision 2003/578/EC of 22 July 2003 on
guidelines for the employment policies of the Member
States (3) aims to contribute better to the Lisbon strategy
and to implement coherent and comprehensive strategies
for lifelong learning.

(7) When applying this Regulation, account should be taken
of the notion of ‘people at a disadvantage in the labour
market’ given in the guidelines for the employment poli-
cies of the Member States.

(8)

(9)

(10)

(11)

Particular attention should be given to training at the
workplace and during working hours, both these aspects
being crucial dimensions of lifelong learning.

Comparable statistical information at Community level,
with specific respect to vocational training in enterprises,
is essential for the development of lifelong learning stra-
tegies and for the monitoring of progress in their imple-
mentation.

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 Statis-
tics (4).

The transmission of data subject to statistical confidenti-
ality is governed by the rules set out in Regulation (EC)
No 322/97 and in Council Regulation (Euratom, EEC)
No 1588/90 of 11 June 1990 on the transmission of
data subject to statistical confidentiality to the Statistical
Office of the European Communities (5).

(3) OJ L 197, 5.8.2003, p. 13.
(4) 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).

(5) OJ L 151, 15.6.1990, p. 1. Regulation as last amended by Regu-

lation (EC) No 1882/2003.

L 255/2

EN

Official Journal of the European Union

30.9.2005

Commission Regulation (EC) No 831/2002 of 17 May
2002 implementing Council Regulation (EC) No 322/97
on Community Statistics, concerning access to confiden-
tial data for scientific purposes (1) established the condi-
tions under which access to confidential data transmitted
to the Community authority may be granted.

1.

2.

‘enterprise’ means the enterprise as defined in Council Regu-
lation (EEC) No 696/93 of 15 March 1993 on the statistical
units for the observation and analysis of the production
system in the Community (4);

‘NACE Rev. 1.1’ means the common statistical classification
of economic activities within the European Community, as
established by Council Regulation (EEC) No 3037/90 of
9 October 1990 on the statistical classification of economic
activities in the European Community (5).

(12)

(13)

(14)

(15)

Since the objective of this Regulation, namely the crea-
tion of common statistical standards that permit
the
production of harmonised data on vocational training in
enterprises, cannot be sufficiently achieved by the
Member States and can therefore 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.

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 (2). These measures
should take into account the capacities available in the
Member States for data collection and processing.

Statistical

Programme Committee

The
been
consulted in accordance with Article 3 of Council Deci-
sion 89/382/EEC, Euratom of 19 June 1989 establishing
a Committee on the Statistical Programmes of the Euro-
pean Communities (3),

has

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation establishes a common framework for the
production of Community statistics on vocational training in
enterprises.

Article 2

Definitions

For the purpose of this Regulation, the following definitions
shall apply:

(1) OJ L 133, 18.5.2002, p. 7.
(2) OJ L 184, 17.7.1999, p. 23.
(3) OJ L 181, 28.6.1989, p. 47.

Article 3

Data to be collected

The data shall be collected by the Member States with a
1.
view to producing Community statistics for the analysis of
continuing vocational training in enterprises in the following
fields:

(a) training policy and training strategies of enterprises in

developing the skills of their workforce;

(b) management, organisation and forms of continuing voca-

tional training in enterprises;

(c) the role of social partners in ensuring all aspects of conti-

nuing vocational training in the workplace;

(d) access to continuing vocational training,

its volume and
content, especially in the context of economic activity and
enterprise size;

(e) specific continuing vocational training measures of enter-

prises to improve the ICT skills of their workforce;

(f) chances for employees in small and medium-sized enter-
prises (SMEs) to access continuing vocational training and
to acquire new skills, and the particular needs of SMEs in
the provision of training;

(g) the effects of public measures on continuing vocational

training in enterprises;

(h) equal opportunities to access continuing vocational training
in enterprises for all employees, with respect to gender and
specific age groups in particular;

(i) specific continuing vocational training measures for people

at a disadvantage in the labour market;

(4) OJ L 76, 30.3.1993, p. 1. Regulation as last amended by Regulation

(EC) No 1882/2003.

(5) OJ L 293, 24.10.1990, p. 1. Regulation as last amended by Regu-

lation (EC) No 1882/2003.

30.9.2005

EN

Official Journal of the European Union

L 255/3

(j) continuing vocational training measures geared to different

types of employment contract;

Other sources,

4.
including administrative data, could be
used to complete the data to be collected where these sources
are appropriate in terms of relevance and timeliness.

(k) expenditure on continuing vocational

levels and funding resources,
vocational training; and

funding
training:
incentives for continuing

(l) evaluation and monitoring procedures of enterprises as

regards continuing vocational training.

Specific data shall be collected by the Member States with

2.
respect to initial vocational training in enterprises on:

(a) participants in initial vocational training; and

(b) total expenditure on initial vocational training.

Article 4

Scope of statistics

The statistics on vocational training in enterprises shall cover at
least all economic activities defined in sections C to K and O of
the NACE Rev. 1.1.

Article 5

Statistical units

the economic activities

For the collection of the data, the enterprise active in one
1.
referred to in Article 4 and
of
employing 10 or more employees shall be used as a statistical
unit.

Having regard to the specific national size distribution of
2.
enterprises and the evolution of policy needs, Member States
may extend the definition of
in their
country. The Commission may also decide to extend this defini-
tion in accordance with the procedure
referred to in
Article 14(2), if such extension would enhance substantially the
representativeness and the quality of the result of the survey in
the Member States concerned.

the statistical unit

Article 6

Data sources

1. Member States shall acquire the required data using either
a survey in enterprises or a combination of a survey in enter-
prises and other sources, applying the principles of reduced
burden on respondents and of administrative simplification.

2. Member States shall lay down the modalities for enter-
prises to reply to the survey.

3.
Through the survey the enterprises shall be called upon
to give correct and complete data within the prescribed dead-
lines.

Article 7

Survey characteristics

1.

The survey shall be a sample survey.

2. Member States shall
take the necessary measures to
ensure that the data they transmit reflect the structure of the
population of
survey shall be
conducted in such a way as to permit a breakdown of the
results at Community level in at least the following categories:

statistical units. The

the

(a) economic activities pursuant to NACE Rev. 1.1; and

(b) size of the enterprises.

3.
Sampling and precision requirements, the sample sizes
needed to meet these requirements, and the detailed specifica-
tions of the NACE Rev. 1.1 and size categories into which the
results can be broken down shall be determined in accordance
with the procedure referred to in Article 14(2).

Article 8

Survey approach

1.
In order to reduce the burden on respondents the survey
approach shall permit the data collection to be customised with
respect to:

(a) training and non-training enterprises; and

(b) different forms of vocational training.

2.
The specific data to be collected with respect to training
and non-training enterprises and to the different forms of voca-
tional training shall be determined in accordance with the
procedure referred to in Article 14(2).

Article 9

Quality control and reports

1. Member States shall
ensure the quality of the data they transmit.

take the necessary measures to

2.
No later than 21 months after the end of each reference
period referred to in Article 10, Member States shall submit to
the Commission (Eurostat) a quality report containing all the
information and data requested for it to verify the quality of
the data transmitted. The report shall specify possible breaches
of the methodological requirements.

L 255/4

EN

Official Journal of the European Union

30.9.2005

3.
On the basis of the reports referred to in paragraph 2, the
Commission (Eurostat) shall assess the quality of the data trans-
mitted with particular regard to ensuring the comparability of
the data between Member States.

Article 12

Report on implementation

4.
The quality requirements for the data to be collected and
transmitted for Community statistics on vocational training in
enterprises, the structure of the quality reports referred to in
paragraph 2 and any measures necessary for assessing or
improving the quality of
the data shall be determined in
accordance with the procedure referred to in Article 14(2).

1.
By 20 October 2010 and after consultation of the Statis-
tical Programme Committee, the Commission shall transmit a
report to the European Parliament and the Council on the
implementation of this Regulation.
In particular, this report
shall:

(a) assess the benefits accruing to the Community, the Member
States and the users of the statistics produced in relation to
the burden on the respondents; and

Article 10

(b) identify areas for potential improvement and amendments
considered necessary in the light of the results obtained.

Reference period and periodicity

The reference period to be covered by the data collection

1.
shall be one calendar year.

2.
The Commission shall determine the first reference year
for which the data are to be collected in accordance with the
procedure referred to in Article 14(2).

3. Member States shall collect the data every five years.

Following the report,

2.
measures to improve the implementation of this Regulation.

the Commission may propose

Article 13

Implementing measures

The measures necessary for the implementation of this Regu-
including measures to take account of economic and
lation,
technical developments concerning the collection, transmission
and processing of the data, shall be adopted in accordance with
the procedure referred to in Article 14(2).

Article 11

Transmission of data

Article 14

Committee procedure

1. Member States and the Commission, within their respec-
tive fields of competence, shall promote the conditions for
increased use of electronic data collection, electronic data trans-
mission and automatic data processing.

shall

transmit

to the Commission
2. Member States
(Eurostat) the individual data on enterprises in accordance with
the existing Community provisions on transmission of data
subject to statistical confidentiality as set out in Regulations
(EC) No 322/97 and (Euratom, EEC) No 1588/90. Member
States shall ensure that the transmitted data do not permit the
direct identification of the statistical units.

The Commission shall be assisted by the Statistical

1.
Programme 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.

3. Member States shall transmit the data in electronic form,
in conformity with the appropriate technical format and the
interchange standard to be determined in accordance with the
procedure referred to in Article 14(2).

4. Member States shall transmit the complete and correct
data no later than 18 months after the end of each reference
year.

Article 15

Financing

For the first reference year for which the Community
1.
the
statistics provided for in this Regulation are produced,
Commission shall make a financial contribution to the Member
States to help cover the costs incurred by them in collecting,
processing and transmitting the data.

30.9.2005

EN

Official Journal of the European Union

L 255/5

2.
The amount of the financial contribution shall be fixed as
part of the relevant annual budgetary procedure. The budget
authority shall determine the appropriation available.

3.
In implementing this Regulation, the Commission may
have recourse to experts and to technical assistance organisa-
tions, the financing of which may be provided for within the
overall financial framework for this Regulation. The Commis-
sion may organise seminars, colloquia or other meetings of
experts as are likely to facilitate the implementation of this

Regulation, and undertake appropriate information, publication
and dissemination actions.

Article 16

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, 7 September 2005.

For the European Parliament

The President

J. BORRELL FONTELLES

For the Council

The President

C. CLARKE