Proposal for a Decision of the European Parliament and of the Council establishing the European Statistical Governance Advisory Board
Date: 2006-10-18
Institutions: European Commission
Subjects: Community body, EU statistics, Eurostat, governance, national statistics

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.10.2006 
COM(2006) 599 final 

2006/0199 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing the European Statistical Governance Advisory Board 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

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•  Grounds for and objectives of the proposal 

In  response  to  invitations  by  the  Council  on  2  June  2004  and  again  on 
17 February 2005  to  strengthen  statistical  governance  with  a  view  to  ensuring  the 
independence,  integrity  and  accountability  of  the  National  Statistical  Institutes  and 
Eurostat,  the  Commission  implemented  a  strategy  encompassing  measures  to  address 
the  quality  of  statistical  data  in  the  context  of  the  excessive  deficit  procedure  and  to 
reinforce  the  operational  capacity  of  Eurostat.  As  a  third  line  of  action,  on 
25 May 2005  the  Commission  adopted  a  Communication  and  a  Recommendation  on 
the  independence,  integrity  and  accountability  of  the  national  and  Community 
statistical  authorities  promulgating  a  European  Statistics  Code  of  Practice  which  had 
been prepared by the National Statistical Institutes and Eurostat and had been endorsed 
by the Statistical Programme Committee as a self-regulatory instrument. 

To balance this self-regulatory approach with the need for accountability, in the same 
Recommendation  the  Commission  declared  its  intent  to  put  into  place  a  reporting 
system  to  monitor  adherence  to  the  Code  within  the  European  Statistical  System1, 
which  could  include  an  external  advisory  body  playing  an  active  role  in  monitoring 
implementation  of  the  Code  and,  consequently,  in  enhancing  independence,  integrity 
and accountability. 

The ECOFIN Council's conclusions of 8 November 2005 underlined the usefulness of 
such a body which "…would enhance the independence, integrity and accountability of 
Eurostat  and,  in  the  context  of  the  peer  review  assessment  of  implementing  the 
European  Statistics  Code  of  Practice,  of  the  European  Statistical  System"  and  gave 
some guidelines for its composition and tasks. At the same time they pointed out the 
need  to  set  up  a  new  separate  body  rather  than  redefining  the  European  Advisory 
Committee on Statistical Information in the Economic and Social Spheres in the course 
of its reform. 

The  proposal  for  a  European  Parliament  and  Council  Decision  to  set  up  a  European 
Statistical  Governance  Advisory  Board  responds  to  the  considerations  set  out  above, 
and therefore complements the European statistical governance structure. 

•  Existing provisions in the area of the proposal 

There are no existing provisions in the area of the proposal. 

•  Consistency with other policies and objectives of the Union 

Not applicable. 

i.e.  the  partnership  comprising  the  Statistical  Office  of  the  European  Communities  (Eurostat)  and  the 
National  Statistical  Institutes  and  other  national  authorities  responsible  in  each  Member  State  for 
producing and disseminating European statistics. 

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2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

The proposal is based on consultations of the Statistical Programme Committee and the 
Economic and Financial Committee. 

Summary of responses and how they have been taken into account 

One of the main outcomes of the consultation process was that it revealed the need for 
the  Board  to  be  set  up  in  a  way  underpinning  its  independence  and  in  line  with  the 
ECOFIN conclusions of 8 November 2005. 

•  Collection and use of expertise 

There was no need for external expertise. 

•  Impact assessment 

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An  alternative  option  considered  was  to  give  the  European  Advisory  Committee  on 
Statistical  Information  in  the  Economic  and  Social  Spheres  a  mandate  covering  the 
tasks  of  the  Board,  subject  to  substantial  reform  of  the  Committee,  in  particular  in 
terms  of  reducing  its  membership  to  maintain  a  manageable  size  of  the  Committee 
following enlargement. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

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•  Summary of the proposed action 

This proposal aims at setting up a European Statistical Governance Advisory Board to 
enhance  the  credibility  of  European  statistics,  advise  the  Commission  and  report  on 
implementation of the European Statistics Code of Practice by Eurostat. 

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•  Legal basis 

Article  285  of  the  Treaty  provides  the  legal  basis  for  measures  adopted  by  the 
European  Parliament and  the  Council for the production of Community statistics and 
defines  the  principles  to  which  they  must  conform.  The  European  Statistical 
Governance  Advisory  Board  should  be  made  up  of  high-level  persons,  appointed  by 
the  Commission  after  consultation  of  the  European  Parliament  and  the  Council,  who 
are able to deliver an outside view on the European Statistical System. To strengthen 
the  Board's  independence  and  as  a  sign  of  the  legislators'  commitment,  the  legal 
instrument for setting up the European Statistical Governance Advisory Board should 
take the form of a Decision of the European Parliament and the Council. 

•  Proportionality principle 

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The proposal complies with the proportionality principle as it covers the Commission's 
activities related to European statistics and the functioning of the European Statistical 
System as a whole. It is not within the competence of the Board to address individual 
countries' practices or institutions. 

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The tasks and activities of the proposed Board will reflect the underlying objective to 
enhance  the  independence,  integrity  and  accountability  of  Eurostat  and  the  European 
Statistical  System  as  a  whole  thus  strengthening  users'  confidence  in  European 
statistics. 

In  line  with  the  Council  conclusions,  the  proposed  Board  will  be  very  small  and 
privilege  members'  outstanding  expertise  in  the  field  of  statistics.  Article  3  stipulates 
that  the  Commission,  after  consultation  of  the  European  Parliament  and  the  Council 
will appoint a total of five members, including the chairperson. The Commission shall 
be represented as an observer. 

•  Choice of instruments 

Proposed instruments: 

Other means would not be adequate for the following reason(s). 

In  its  Staff  Working  Paper  of  27  July  2005  (C(2005) 2817)  on  a  "Framework  for 
Commission's  expert  groups:  horizontal  rules  and  public  register"  the  Commission 
found  that,  from  an  institutional  point  of  view,  expert  groups,  i.e.  groups  comprising 
national  and/or  private-  sector  experts  who  assist  the  Commission  in  exercising  its 
power  of  initiative  and  in  its  tasks  of  monitoring  and  co-ordinating  with  Member 
States, should be set up by a Commission Decision. 

In the case in point however, the Commission had to take into account the need to set 
up  the  Board  in  line  with  its  underlying  objective,  namely  to  enhance  the 
independence,  integrity  and  accountability  of  Eurostat  and  the  European  Statistical 
System as a whole, thus strengthening users' confidence in European Statistics. 

Therefore, given the objective and content of the proposal, a Decision of the European 
Parliament and of the Council is the most appropriate instrument. 

4)  BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

5)  ADDITIONAL INFORMATION 

•  European Economic Area 

The proposed act concerns an EEA matter and should therefore extend to the European 
Economic Area. 

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2006/0199 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing the European Statistical Governance Advisory Board 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission2, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty3, 

Whereas: 

(1) 

(2) 

(3) 

The  need  to  establish  Europe-wide  standards  on  the  independence,  integrity  and 
accountability  of  the  national  institutes  led  the  Statistical  Programme  Committee 
unanimously  to  endorse  the  European  Statistics  Code  of  Practice4  at  its  meeting  on 
24 February 2005. 

The  abovementioned  Code  of  Practice  has  the  dual  purpose  of,  on  the  one  hand, 
improving  trust  and  confidence  in  statistical  authorities  by  proposing  certain 
institutional and organisational arrangements and, on the other, reinforcing the quality 
of the statistics they produce. 

In its Communication of 25 May 2005 to the European Parliament and to the Council 
on  the  independence,  integrity  and  accountability  of  the  national  and  Community 
statistical  authorities  the  Commission  acknowledged  the  usefulness  of  an  external 
advisory body that could play an active role in overseeing how the Code of Practice is 
implemented by the European Statistical System as a whole. In its Recommendation of 
the  same  date,  the  Commission  stated  its  intention  to  consider  proposing  such  an 
external advisory body. 

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OJ C , , p. . 
OJ C , , p. . 
Adopted  by  the  Statistical  Programme  Committee  on  24  February  2005  and  promulgated  in  the 
Commission Recommendation of 25 May 2005 on the independence, integrity and accountability of the 
National and Community Statistical Authorities (COM(2005) 217 final version 1). 

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(4) 

On  8  November  2005  the  Council  concluded  that  a  new  high-level  advisory  body 
would  enhance  the  independence,  integrity  and  accountability  of  the  Commission 
(Eurostat)  and,  in  the  context  of  the  peer  review  assessment  of  implementing  the 
European  Statistics  Code  of  Practice,  of  the  European  Statistical  System  and 
recommended that the new body should be a small group of persons appointed on the 
basis of their competence. 

(5) 

An advisory board should therefore be established, and its tasks and structure defined. 

HAVE DECIDED AS FOLLOWS: 

Article 1 

Advisory Board 

An advisory board called the "European Statistical Governance Advisory Board" (hereinafter 
referred to as “the Board”) is hereby established. 

Article 2 

Tasks 

1. 

The Board’s tasks shall be: 

–  to enhance the credibility of European statistics; 

–  to submit an annual report on implementation of the European Statistics Code of 
Practice by the Commission (Eurostat) to the Commission, which will transmit the 
report to the European Parliament and to the Council. 

–  to advise the Commission on appropriate measures to facilitate implementation of 
the  European  Statistics  Code  of  Practice  (hereinafter  referred  to  as  the  "Code  of 
Practice") in the European Statistical System with a view to improving statistical 
governance; 

–  to advise the Commission in the framework of a process leading to a quality label 

and on communicating the Code of Practice to users and data providers; 

–  to  give  advice  on  updating  the  Code  of  Practice  and  on  general  rules  and 

principles for the functioning of the European Statistical System as a whole. 

2. 

The Commission may consult the Board on questions relating to users' confidence in 
European statistics. 

Article 3 

Membership of the Board 

1. 

The Board shall comprise five members, including the chairperson. The Commission 
(Eurostat) shall be represented as an observer. 

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2. 

3. 

4. 

1. 

2. 

3. 

4. 

5. 

The  members  of  the  Board  shall  be  selected  from  among  experts  possessing 
outstanding competence in the field of statistics and shall perform their duties in their 
personal capacity. 

The  Commission  shall  appoint  the  members  of  the  Board  and  its  chairperson  after 
consultation of the European Parliament and the Council, for a three-year term. 

The Board may designate up to two members to be appointed once for a further term 
of three years. 

If a member resigns before the expiry of his term of office, he shall be replaced for 
the  remainder  of  that  term  by  a  new  member  appointed  in  accordance  with  this 
article. 

Article 4 

Proceedings 

The Board shall adopt its own rules of procedure, which shall be made public.  

The Board's annual report, referred to in Article 2, shall be made public. In addition, 
the Board may decide to publish on the Internet, any conclusion, partial conclusion 
or working document. 

The  members  of  the  Board  shall  be  required  not  to  disclose  information  to  which 
they have gained access through the Board's proceedings, if the Commission informs 
them that the information obtained, the opinion requested or the question raised is of 
a confidential nature. 

The  Board  shall  be  assisted  by  a  Secretariat  which  shall  be  supplied  by  the 
Commission. The Secretary shall be appointed by the Commission after consultation 
of the Board. The Secretary shall act on the instructions of the Board. 

The  expenses  of  the  Board  shall  be  included  in  the  budgetary  estimates  of  the 
Commission. 

Article 5 

This Decision shall enter into force on the day following that of its publication in the Official 
Journal of the European Union. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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