Proposal for a Regulation of the European Parliament and of the Council on European Statistics
Date: 2007-10-16
Institutions: European Commission
Subjects: EU law, EU statistics, Eurostat, Switzerland, data protection, dissemination of information, international cooperation, operation of the Institutions, statistics

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.10.2007 
COM(2007) 625 final 

2007/0220 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on European Statistics 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

•  General context 

Official  statistics  play  a  fundamental  role  in  today's  society.  Institutions,  policy 
makers,  economic  operators,  markets  and  individuals  rely  heavily  on  high  quality 
statistics  to  describe  as  accurately  as  possible  the  developments  in  the  economic, 
social,  environmental  and  cultural  spheres.  The  pace  of  these  developments  has  an 
impact  both  on  (i)  the  users  of  statistics,  in  that  their  information  needs  evolve 
rapidly, which means they require easy and timely access to statistical information, 
and  on  (ii)  the  statistical  authorities,  in  that  they  need  to  adapt  the  statistical 
information  produced  to  users'  requirements.  The  availability  of  impartial  and 
objective  statistical  information  is  essential  for  all  decision-makers:  for  policy-
makers to take well informed decisions, for business operators to run their business 
or  simply  for  citizens  in  their  daily  life.  Statistical  information  underpins 
transparency  and  openness  of  policy  decisions,  and  official  statistics  therefore 
represent a public good providing a basis for the smooth functioning of democracy. 
Essential elements for producing such statistical information are clear structures for 
the  functioning  of  statistical  authorities,  combined  with  arrangements  for 
and 
international 
communication with users. 

dissemination 

cooperation, 

information 

statistical 

of 

increasingly 

important  for 

level,  European  Statistics  are 

the 
At  European 
development,  implementation,  monitoring  and  evaluation  of  European  Union 
policies.  The  importance  of  European  Statistics  will  increase  even  further  in  the 
future as EU policies themselves are developed. For example, reliable information to 
assess  macroeconomic  developments  such  as  inflation,  economic  growth  and  the 
business  cycle  in  general  constitutes  an  absolute  necessity  in  order  to  enable  the 
coordination  and  deepened  economic  policy  coordination  among  Member  States. 
Furthermore,  in  order  to  achieve  the  strategic  objectives  of  keeping  Europe  on  the 
path  to  long-term  prosperity,  notably  through  the  revised  Lisbon  Agenda  and  the 
integrated guidelines on growth and employment, or of reinforcing our commitment 
to solidarity and social justice, Europe needs a plethora of statistical data which meet 
the highest possible standards in terms of quality. 

European  Statistics  thus  constitute  an  essential  contribution  to  building  the 
information  capacity  required  to  sustain EU  strategic  objectives  and  the  underlying 
policies and supporting instruments. 

•  Grounds for and objectives of the proposal 

The  objective  of  this  proposal  is  to  revise  the  existing  basic  legal  framework 
governing the production of statistics at European level. In essence, this revision is 
led  by  changes  in  society  and  the  need  to  more  clearly  define  the  role  of  the 
European Statistical System (ESS). 

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The  production  and  dissemination  of  European  Statistics  are  achieved  through  the 
ESS,  which  is  the  operational  partnership  comprising  the  Statistical  Office  of  the 
European Communities (Eurostat), the National Statistical Institutes (NSIs) and other 
national or regional authorities responsible in each Member State for producing and 
disseminating  European  Statistics.  European  Statistics  are  provided  also  by  the 
European  Central  Bank  (ECB)  and  by  the  European  System  of  Central  Banks 
(ESCB), although it is under a separate statistical governance structure and different 
rules1.  However,  in  order  to  enhance  efficiency,  reduce  the  statistical  burden  and 
improve  quality,  the  close  cooperation  between  the  ESS  and  the  ESCB  must  be 
strengthened while fully respecting their respective competences.  

As  noted  on  many  occasions  by  both  the  Council  and  the  Commission,  the  ESS 
operates  efficiently  and  satisfies  the  requirements  of  independence,  integrity  and 
accountability. In addition to the quality of the ESS outputs, its governance has also 
been  improved  in  recent  years,  in  particular  through  the  adoption  and  subsequent 
implementation of the European Statistics Code of Practice2. The proposals to set up 
a  European  Statistical  Governance  Advisory  Board3  and  a  European  Statistical 
Advisory  Committee4  are  also  steps  towards  enhancing  and  complementing  the 
existing governance of the ESS. 

However,  even  if  these  recent  developments  give  proof  of  a  dynamic  reality  with 
tangible  achievements,  they  also  make  even  more  clear  the  need  to  consolidate  in 
Community  law  the  institutional  structure  of  the  ESS,  to  re-define  clearly  its 
responsibilities  and  principles  as  well  as  to  simplify  its  underpinning  structures  in 
order  to  enable  it  to  better  respond  to  the  many  challenges  that  lie  ahead.  In 
particular,  the  coordination  and  professional  leadership  functions  of  the  NSIs  at 
national level, and of Eurostat at Commission level, should be reinforced. Common 
answers are needed to address the increasing demands for European Statistics and to 
set priorities in a context where resources are becoming more and more limited.  

At  the  same  time,  the  role  and  responsibilities  of  Eurostat  towards  its  national 
partners requires re-confirmation in order to increase the efficiency of the ESS on a 
basis of mutual understanding and trust. Eurostat has a primary role as the vehicle for 
transmitting the statistical needs of Europe's policy-makers to the statistical partners 
in  the  Member  States  whilst  at  the  same  time  bridging  the  divide  between  what  is 
demanded and what is feasible and realistic. 

The proposal for a "European Approach to Statistics" will enable Eurostat to respond 
to the challenge of ever-increasing demands for statistics. This approach whereby the 
production  and  dissemination  of  European  Totals  does  not  need  to  rely  entirely  on 

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Council  Regulation  (EC)  No  2533/98  of  23  November  1998  concerning  the  collection  of  statistical 
information by the European Central Bank (OJ L 318, 27.11.1998, p. 8). 
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 and Recommendation 
of  the  Commission  on  the  independence,  integrity  and  accountability  of  the  national  and  Community 
statistical authorities (COM(2005)217). 
Proposal  for  a  Decision  of  the  European  Parliament  and  of  the  Council  establishing  the  European 
Statistical Governance Advisory Board (COM(2006)599). 
Proposal for a Decision of the European Parliament and of the Council setting up a European Advisory 
Committee on Community Statistical Information Policy (COM(2006)653). 

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national data produced and disseminated by all NSIs represents a significant change 
in the structure of data collection. 

Furthermore, there is a strong request from the research community to enjoy a wider 
access  to  statistical  information  for  analysis  in  the  interest  of  scientific  progress  in 
Europe. This calls for a certain degree of flexibility in the statistical confidentiality 
regime  to  allow  controlled  access  to  detailed  statistical  data  without  compromising 
the high level of protection that confidential statistical data require. The exchange of 
confidential  data  within  the  ESS  and  the  rules  for  access  to  such  data  for  research 
purposes  are  essential  elements  in  this  regard  and  require  modernisation  of  the 
current legal requirements. 

Finally,  the  revision  of  the  basic  legal  framework  will  give  a  new  impetus  to  the 
established cooperation between the NSIs and Eurostat in the common interest of all 
the  ESS  actors  and  the  users  of  European  Statistics,  and  to  laying  down  the 
foundation to address the statistical challenges of the future. 

•  Existing provisions in the area of the proposal 

The  basic  legal  framework  for  the  production  and  dissemination  of  statistics  at 
European level is currently composed of the following legislative acts: 

–  Council  Decision  (EEC,  Euratom)  No  89/382  of  19  June  1989  establishing  a 

Committee on the Statistical Programmes of the European Communities5; 

–  Council  Regulation  (EEC,  Euratom)  No  1588/90  of  11  June  1990  on  the 
transmission of data subject to statistical confidentiality to the Statistical Office of 
the European Communities6; 

–  Council  Regulation  (EC)  No  322/97  of  17  February  1997  on  Community 

Statistics7; 

–  Decision No 2367/2002/EC of the European Parliament and of the Council of 16 

December 2002 on the Community statistical programme 2003 to 20078. 

The  above-mentioned 
supplemented by sectoral legislation in specific statistical domains. 

legislation  provides  an  overall  framework  which 

is 

2. 

CONSULTATION OF INTERESTED PARTIES AND ANALYSIS OF CONSEQUENCES 

•  Consultation of interested parties 

The proposal is based on extensive preparatory work carried out over recent years. In 
particular,  the  building  blocks  and  draft  texts  were  thoroughly  discussed  and 

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OJ L 181, 28.6.1989, p. 47. 
OJ L 151, 15.6.1990, p. 1. 
OJ L 52, 22.2.1997, p. 1. 
OJ L 358, 31.12.2002, p. 1. 

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reviewed  with  the  most  directly  concerned  parties  i.e.  the  National  Statistical 
Institutes and the other partners in the ESS, including the ECB. 

The proposal largely builds on the results of several Task Forces set up since 2003 by 
the Statistical Programme Committee (SPC) to reflect on the various aspects of the 
subject. Member States systematically participated in the work of these Task Forces, 
the  SPC  was  regularly  kept  informed  about  the  progress  made  and  a  wide 
consultation  of  all  Member  States  was  systematically  undertaken.  This  proposal 
reflects  to  a  very  large  extent  all  these  consultations.  The  Statistical  Programme 
Committee was formally consulted on a draft text of this proposal. 

•  Analysis of consequences  

In considering the possible options, the following alternatives seemed clear: 

–  keeping the legal framework as it is at the moment: 

– 

This  solution  would  certainly  not  undermine  the  current  production  of 
European Statistics as the existing legislation does provide a framework 
of  reference.  However,  this  option  would  probably  have  meant  an 
increasing  gap  between  the  existing  general  rules  and  diverging 
arrangements  in  specific  cases.  In  the  long  term,  this  situation  could 
even adversely affect the general trust of the public in statistics and put 
the  very  raison  d'être  of  an  overall  framework. 
in  question 
Additionally,  opportunities  would  have  been  missed  to  enhance  the 
functioning of the ESS as explained above. 

–  proposing  a  revision  that  would  meet  the  concerns  expressed  and  realise  the 
existing  potential  for  a  clear  and  more  efficient  operation  of  the  ESS  along  the 
lines described in the preceding paragraphs: 

– 

It is evident that this proposal would achieve its objectives only if it is 
not substantially modified in the process. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed act 

The  proposal  aims  to  revise  the  existing  basic  legal  framework  for  European 
Statistics with a view to adapting it to the current reality and also to improving it to 
meet future developments and challenges. 

It is proposed among other things, to improve statistical governance by adapting the 
relevant definitions to the requirements of the Treaty, to consolidate the activities and 
the  ESS  itself  in  Community  Law,  to  further  clarify  the  role  of  the  NSIs  and  of 
Eurostat,  to  strengthen  the  reference  to  the  existing  European  Statistics  Code  of 
Practice, to formally recognise the European Approach to Statistics and to reinforce 
the quality aspects related to European Statistics. 

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The  proposal  also  addresses  the  operation  of  the  ESS  notably  through  the 
establishment  of  the  ESS  Committee  and  of  the  ESS  Partnership  Group  and  an 
enhanced cooperation with other bodies of the ESS as well as with the ESCB. 

The planning and implementation of the multi-annual programmes are also revised. 
In  particular,  it  is  proposed  that  individual  statistical  actions  be  carried  out  by  the 
Commission under less restrictive conditions. 

Finally, it is proposed to introduce more flexibility in the current rules on statistical 
confidentiality whilst preserving a high level of data protection. 

•  Legal basis 

Article 285  of  the  Treaty  establishing  the  European  Community  provides  the  legal 
basis  for  Community  statistics.  The  Council,  acting  in  accordance  with  the  co-
decision  procedure,  is  to  adopt  measures  for  the  production  of  statistics  where 
necessary for the performance of the activities of the Community. This Article sets 
out  requirements  relating  to  the  production  of  Community  statistics  and  requires 
conformity 
reliability,  objectivity,  scientific 
independence, cost-effectiveness and statistical confidentiality. 

to  standards  of 

impartiality, 

•  Subsidiarity principle 

The  proposal  fully  complies  with  the  subsidiarity  principle  to  the  extent  that  the 
revision  of  the  existing  legal  framework  for  the  development,  production  and 
dissemination of European Statistics is by its very nature an action that can only be 
achieved at Community level. 

The subsidiarity principle is also at the basis of the definition of the responsibilities 
to  be  shared  between  the  national  and  the  Community  level  as  far  as  the 
development, production and dissemination of European Statistics are concerned. 

4. 

BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. 

5. 

ADDITIONAL INFORMATION 

•  Simplification 

The  proposal  constitutes  a  simplification  from  a  legal,  institutional  and  operational 
viewpoint. 

First, the proposal aims to simplify the existing legal framework for the production and 
dissemination  of  statistics  at  European  level,  in  particular  through  consolidating  into 
one single instrument a number of separate texts of Community statistical legislation. 

Secondly,  institutional  simplification  will  also  be  achieved  by  merging  the  Statistical 
Programme Committee and the Committee on Statistical Confidentiality into a single 
Committee. 

Thirdly, simplification within the ESS will also  result,  in  operational  terms,  from  the 
recognition and more extensive use of new simplification tools such as the promotion 

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of  European  aggregates  on  the  basis  of  the  European  Approach  to  Statistics  as 
described in Article 17 of the proposal or of the improved planning process leading to 
the  definition  of  the  annual  statistical  programmes.  These  instruments  have  already 
been identified as a means for simplification in the Communication of the Commission 
on reduction of the response burden, simplification and priority-setting in the field of 
Community  statistics9.  In  this  context,  it  should  also  be  recalled  that  European 
Statistics  is  one  of  the  priority  areas  for  the  Commission's  measurement  of 
administrative burdens deriving from information obligations10. 

Finally, this initiative is not new in that the possible revision of the 'Statistical Law', i.e. 
Council Regulation (EC) No 322/97 of 17 February 1997 on Community statistics, was 
initially contemplated in the first report on the implementation of the framework action 
"Updating  and  simplifying  the  Community  acquis",  adopted  by  the  Commission  in 
200311. 

•  European Economic Area 

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

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Communication  from  the  Commission  to  the  European  Parliament  and  the  Council  of  14  November 
2006 on reduction of the response burden, simplification and priority-setting in the field of Community 
statistic (COM(2006)693). 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic  and  Social  Committee  and  the  Committee  of  the  Regions  of  24  January  2007  -  Action 
Programme for Reducing Administrative Burdens in the European Union (COM(2007)23). 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic and Social Committee and the Committee of the Regions of 24 October 2003 - First report on 
the  implementation  of  the  framework  action  "Updating  and  simplifying  the  Community  acquis". 
(COM(2003) 623). 

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2007/0220 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on European Statistics 

(Text with EEA relevance) 

(Text with relevance for the Agreement between the European Community and the 
Swiss Confederation on cooperation in the field of statistics) 

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 Commission1, 

After consulting the European Data Protection Supervisor, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty2, 

Whereas: 

(1) 

(2) 

(3) 

To  ensure  the  coherence  and  comparability  of  European  Statistics,  produced  in 
accordance with the principles laid down in Article 285(2) of the Treaty, cooperation 
and  coordination  should  be  reinforced  between  the  authorities  that  contribute  to  the 
development, production and dissemination of European Statistics. 

To  that  effect,  the  cooperation  and  coordination  of  those  authorities  should  be 
developed in a more systematic and organised manner with full respect to the national 
and  Community  powers  and  institutional  arrangements  and  taking  into  account  the 
need  to  revise  the  existing  basic  legal  framework  in  order  to  adapt  it  to  the  current 
reality and to better respond to future challenges. 

It is therefore necessary to consolidate the activities of the European Statistical System 
(ESS) and to improve its governance, in particular with a view to further clarifying the 
respective  roles  of  the  National  Statistical  Institutes  (NSIs)  and  of  the  Commission 
(Eurostat). 

(4) 

Considering the specificity of the NSIs and the other national authorities responsible in 
each Member State for developing, producing and disseminating European Statistics, 

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OJ C , , p. . 
OJ C , , p. . 

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it  should  be  laid  down  that  they  may  receive  grants  without  a  call  for  proposals  in 
accordance  with Article  168(1)(d)  of Regulation  (EC,  Euratom)  N°  2342/2002  of  23 
December  2002  laying  down  detailed  rules  for  the  implementation  of  Council 
Regulation (EC, Euratom) N°1605/2002 on the Financial Regulation applicable to the 
general budget of the European Communities3. 

The  statistical  authorities  of  the  European  Free  Trade  Association  Member  States  of 
the European Economic Area and of Switzerland should, as provided respectively for 
in the Agreement on the European Economic Area, in particular Article 76 thereof and 
Protocol  30  to  this  Agreement,  and  in  the  Agreement  between  the  European 
Community and the Swiss Confederation on cooperation in the field of statistics, and 
in  particular  Article  2  thereof,  be  closely  associated  with  the  reinforced  cooperation 
and coordination. 

Furthermore, it is important to ensure close cooperation and appropriate coordination 
between  the  ESS  and  the  European  System  of  Central  Banks,  notably  to  foster 
exchange of confidential data between the two systems for statistical purposes, in the 
light  of  Article  5  of  the  Protocol  (No  18)  on  the  Statute  of  the  European  System  of 
Central Banks (ESCB) and the European Central Bank (ECB) annexed to the Treaty. 

European  Statistics  will  thus  be  developed,  produced  and  disseminated  by  both  the 
ESS  and  the  ESCB  but  under  separate  legal  frameworks  reflecting  their  respective 
governance  structures.  This  Regulation  should  therefore  apply  without  prejudice  to 
Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection 
of statistical information by the European Central Bank4. 

Consequently, and although the European Central Bank (ECB) and the national central 
banks  do  not  participate  in  the  production  of  European  Statistics  pursuant  to  this 
Regulation,  following  an  agreement  between  a  national  central  bank  and  the 
Community  authority  within  their  respective  spheres  of  competence  and  without 
prejudice to national arrangements between the national central bank and the national 
authority,  data  produced  by  the  central  bank  may,  however,  be  used,  directly  or 
indirectly, by national authorities and the Community authority for the production of 
European  Statistics.  Similarly,  the  ECB  and  national  central  banks  may  within  the 
sphere of their competences use, directly or indirectly, data produced by the ESS. 

In the general context of the relations between the ESS and the ESCB, the Committee 
on  monetary,  financial  and  balance  of  payments  statistics  established  by  Council 
Decision  2006/856/EC5  plays  an  important  role,  in  particular  through  the  assistance 
provided  to  the  Commission  in  drawing  up  and  implementing  work  programmes 
concerning monetary, financial and balance of payments statistics. 

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

It  is  important  to  ensure  close  cooperation  and  appropriate  coordination  between  the 
ESS and other actors of the international statistical system.  

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OJ L 357, 31.12.2002, p.1. Regulation as last amended by Commission Regulation (CE, Euratom) N° 
478/2007 of 23 April 2007. 
OJ L 318, 27.11.1998, p.8. 
OJ L 332, 30.11.2006, p.21. 

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(11)  The  operation  of  the  ESS  also  needs  to  be  reviewed  as  more  flexible  development, 
production and dissemination methods of European Statistics as well as a clear priority 
setting  are  required  in  order  to  reduce  the  burden  on  respondents  and  improve  the 
availability  and  timeliness  of  European  Statistics.  The  'European  Approach  to 
Statistics' is designed to this effect. 

(12)  While  European  Statistics  are  usually  based  on  national  data  produced  and 
disseminated by the national statistical authorities of all Member States, they may also 
be  produced  from  non-published  national  contributions,  from  subsets  of  national 
contributions  and  from  European  statistical  surveys  or  by  harmonised  concepts  or 
methods, designed specifically. 

(13) 

(14) 

In  those  cases,  a  ‘European  Approach  to  Statistics’  that  consists  of  a  pragmatic 
strategy  to  facilitate  the  compilation  of  European  statistical  aggregates  which  are  of 
particular importance for Community policies, may be implemented. 

Joint  structures,  tools  and  processes  could  also  be  established  or  further  developed 
through  collaborative  networks, 
relevant 
Commission  services  and  facilitating  specialisation  by  certain  Member  States  in 
specific statistical activities for the benefit of the ESS as a whole. These collaborative 
networks  between  partners  of  the  ESS  should  aim  to  avoid  duplication  of  work  and 
therefore increase efficiency and reduce response burdens on economic operators. 

involving  national  authorities  and 

(15)  The  proposed  improved  regulatory  environment  for  European  Statistics  should  in 
particular  respond  to  the  need  to  minimise  the  response  burdens  on  businesses  and 
contribute  to  the  more  general  objective  of  a  reduction  of  administrative  burdens 
arising  at  European  level,  in  line  with  the  Presidency  Conclusions  of  the  European 
Council  of  8  and  9 March 2007;  however,  the  important  role  played  by  the  national 
authorities in minimising burdens on European businesses at national level should also 
be emphasized. 

(16) 

In  order  to  enhance  trust  in  European  Statistics  the  statistical  authorities  must  enjoy 
professional independence and ensure impartiality and high quality in the production 
of European Statistics, in accordance with Article 285(2) of the Treaty and taking into 
account  the  Fundamental  Principles  of  Official  Statistics  adopted  by  the  United 
Nations  Economic  Commission  for  Europe  on  15  April  1992  and  by  the  United 
Nations Statistical Commission on 14 April 1994 as well as the principles laid down in 
the  European  Statistics  Code  of  Practice  endorsed  by  the  Commission  in  its 
Recommendation  on  the  independence,  integrity  and  accountability  of  national  and 
Community statistical authorities. 

(17)  The  development,  production  and  dissemination  of  European  Statistics  should 

conform to international best practice. 

(18)  The right to respect for private and family life and to the protection of personal data, as 
set  out  in  Articles  7  and  8  of  the  Charter  of  Fundamental  Rights  of  the  European 
Union should be ensured. 

(19)  This  Regulation  ensures  the  protection  of  individuals  as  regards  the  processing  of 
personal data and specifies, as far as European Statistics are concerned, the rules laid 
down  in  Directive  95/46/EC  of  the  European  Parliament  and  of  the  Council  of  24 

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October  1995  on  the  protection  of  individuals  with  regard  to  the  processing  of 
personal  data  and  on  the  free  movement  of  such  data6  and  in  Regulation  (EC)  No 
45/2001 of the European Parliament and of the Council of 18 December 2000 on the 
protection  of  individuals  with  regard  to  the  processing  of  personal  data  by  the 
Community institutions and bodies and on the free movement of such data7. 

(20)  The confidential information which the national and Community statistical authorities 
collect for the production of European Statistics should be protected, in order to gain 
and maintain the confidence of the parties responsible for providing that information; 
the  confidentiality  of  statistical  information  should  satisfy  the  same  principles  in  all 
the Member States. 

(21)  For that purpose it is necessary to establish common rules ensuring the confidentiality 
of  data  used  for  the  production  of  European  Statistics  and  the  access  to  those 
confidential data with due account for technical developments and the requirements of 
users in a democratic society. 

(22)  The availability of individual data for the needs of the European Statistical System is 
of particular importance in order to maximise the benefits of the statistical information 
and to ensure a better harmonisation of European Statistics. 

(23)  The  research  community  should  enjoy  a  wider  access  to  statistical  information  for 
analysis in the interest of scientific progress in Europe and access to confidential data 
by researchers at European Community level for scientific purposes should therefore 
be  improved  without  compromising  the  high  level  of  protection  that  confidential 
statistical data require. 

(24)  The use of confidential data for administrative, legal or tax purposes or for verification 

against the statistical data subjects should be strictly prohibited. 

(25)  This  Regulation  should  apply  without  prejudice  to  Directive  2003/4/EC  of  the 
European  Parliament  and  of  the  Council  of  28  January  2003  on  public  access  to 
environmental  information8  and  to  Regulation  (EC)  N°1367/2006  of  the  European 
Parliament  and  of  the  Council  of  6  September  2006  on  the  application  of  the 
provisions of the Aarhus Convention on Access to Information, Public Participation in 
Decision-making  and  Access  to  Justice  in  Environmental  Matters  to  Community 
institutions and bodies9. 

(26)  Since the objective of this Regulation, namely the establishment of a legal framework 
for  the  development,  production  and  dissemination  of  European  Statistics,  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 those objectives. 

6 

7 
8 
9 

OJ  L  281,  23.11.1995,  p.  31.  Directive  as  amended  by  Regulation  (EC)  No  1882/2003  (OJ  L  284, 
31.10.2003, p. 1). 
OJ L 8, 12.1.2001, p. 1. 
OJ L 41, 14.2.2003, p. 26. 
OJ L 264, 25.9.2006, p. 13. 

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11 

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(27)  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 Commission10. 

(28) 

In  particular,  power  should  be  conferred  on  the  Commission  to  adopt  measures 
concerning  the  quality  dimensions  of  European  statistics  and  to  establish  the 
conditions under which access can be given to confidential data for scientific purposes. 
Since  those  measures  are  of  general  scope  and  are  designed  to  supplement  this 
Regulation by the addition of new non-essential elements, they should be adopted in 
accordance with the regulatory procedure with scrutiny provided for in Article 5a of 
Decision 1999/468/EC. 

(29)  The measures set out in this Regulation should replace those in Regulation (Euratom, 
EC)  of  the  European  Parliament  and  of  the  Council  No  …/…  of  …  on  the 
transmission of data subject to statistical confidentiality to the Statistical Office of the 
European  Communities11  [COM(2006)477],  Council  Regulation  (EC)  No  322/97  of 
17  February  1997  on  Community  Statistics12  and  Council  Decision  89/382/EEC, 
Euratom of 19 June 1989 establishing a Committee on the Statistical Programmes of 
the  European  Communities13.  Those  acts  should  therefore  be  repealed.  The 
implementing  measures  set  out  in  Commission  Regulation  (EC)  No  831/2002  of  17 
May 2002 implementing Council Regulation (EC) No 322/97 on Community Statistics 
concerning  access  to  confidential  data  for  scientific  purposes14  and  Commission 
Decision  2004/452/EC  of  29  April  2004  laying  down  a  list  of  bodies  whose 
researchers  may  access  confidential  data  for  scientific  purposes15  should  continue  to 
apply.  

(30)  The Statistical Programme Committee has been consulted, 

HAVE ADOPTED THIS REGULATION: 

CHAPTER I 
General Provisions 

Article 1 
European Statistics 

This  Regulation  establishes  a  legal  framework  for  the  development,  production  and 
dissemination of European Statistics. 

10 

11 
12 

13 
14 

15 

OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 
11) 
OJ L , , p. . 
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). 
OJ L 181, 28.6.1989, p. 47. 
OJ L 133, 18.5.2002, p. 7. Regulation as last amended by Regulation (EC) No 1104/2006 (OJ L 197, 
19.7.2006, p. 3). 
OJ  L  156,  30.4.2004,  p.  1,  as  corrected  by  OJ  L  202,  7.6.2004,  p.  1.  Decision  as  last  amended  by 
Decision 2007/439/EC (OJ L 164 , 26/06/2007 P. 0030 - 0031). 

EN 

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In  compliance  with  the  principle  of  subsidiarity  and  in  accordance  with  the  independence, 
integrity  and  accountability  of  the  national  and  the  Community  authorities,  European 
Statistics are relevant statistics necessary for the performance of the activities of the European 
Community.  They  shall  be  developed,  produced  and  disseminated  in  conformity  with  the 
statistical principles set out in Article 285(2) of the Treaty and in Article 2 of this Regulation 
and within the framework of the European Statistical Programme. 

Article 2 
Statistical Principles 

1. 

The  development,  production  and  dissemination  of  European  Statistics  shall  be 
governed by the following statistical principles: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

'professional  independence'  meaning  that  statistics  must  be  developed, 
produced and disseminated in an independent manner, free from any pressures 
from  political  or  interest  groups  particularly  as  regards  the  selection  of 
techniques, definitions, methodologies and sources to be used, and the timing 
and content of all forms of dissemination; 

'impartiality'  meaning  that  statistics  must  be  developed,  produced  and 
disseminated  in  a  neutral  manner,  and  that  all  users  must  be  given  equal 
treatment; 

'objectivity'  meaning 
that  statistics  must  be  developed,  produced  and 
disseminated in a systematic, reliable and unbiased manner; it implies the use 
of  professional  and  ethical  standards,  and  that  the  policies  and  practices 
followed are transparent to users and survey respondents; 

'reliability'  meaning  that  statistics  must  measure  as  faithfully,  accurately  and 
consistently as possible the reality that they are designed to represent; it implies 
that  scientific  criteria  are  used  for  the  selection  of  sources,  methods  and 
procedures; 

'statistical confidentiality' meaning the protection of confidential data related to 
single  statistical  data  subjects  which  are  obtained  directly  for  statistical 
purposes  or  indirectly  from  administrative  or  other  sources;  it  implies  the 
prohibition of use for non statistical purposes of the data obtained and of their 
unlawful disclosure; 

'cost  effectiveness'  meaning  that  the  costs  of  producing  statistics  must  be  in 
proportion  to  the  importance  of  the  results  and  the  benefits  sought,  that 
resources  must  be  optimally  used  and  the  response  burden  minimised.  The 
information  requested  shall,  where  possible,  be  readily  extractable  from 
available records or sources. 

2. 

The development, production and dissemination of European Statistics shall conform 
to international best practice. 

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Article 3 
Definitions 

For the purposes of this Regulation the following definitions shall apply: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

(10) 

(11) 

(12) 

(13) 

'statistics'  means  quantitative  and  qualitative,  aggregated  and  representative 
information characterising a collective phenomenon in a considered population; 

'statistical  information'  means  all  different  forms  of  statistics  including  basic  data, 
indicators, accounts and metadata; 

'development' means the activities aiming at setting up, strengthening and improving 
the  statistical  methods,  standards  and  procedures  used  for  the  production  and 
dissemination  of  statistical  information  as  well  as  at  designing  new  statistics  and 
indicators; 

'production'  means  all  the  activities  necessary  for  the  collection,  storage,  processing, 
compilation, and analysis of the statistical information; 

'dissemination'  means  the  activity  of  making  statistics  and  statistical  analysis 
accessible to users; 

'data  collection'  means  surveys  and  all  other  forms  of  deriving  information  from 
different sources; 

'statistical  data  subject'  means  the  basic  observation  unit,  namely  a  natural  person,  a 
household, an economic operator and other undertakings, referred to by the data;  

'confidential  data'  means  data  used  by  the  national  authorities  and  Eurostat  for 
statistical purposes which allow statistical data subjects to be identified, either directly 
or  indirectly,  thereby  disclosing  individual  information.  To  determine  whether  a 
statistical data subject is identifiable, account shall be taken of all relevant means that 
might reasonably be used by a third party to identify the statistical data subject; 

'use  for  statistical  purposes'  means  the  exclusive  use  for  the  development  and 
production of statistical results and analyses; 

'direct identification' means the identification of a statistical data subject from its name 
or address, or from a publicly accessible identification number; 

'indirect  identification'  means  the  identification  of  a  statistical  data  subject  by  any 
other means than by way of direct identification ; 

'officials of the Commission (Eurostat)' means the officials of the Communities, within 
the  meaning  of  Article  1  of  the  Staff  Regulations  of  Officials  of  the  European 
Communities, working at the Commission (Eurostat); 

'other  staff  of  the  Commission  (Eurostat)'  means  the  servants  of  the  Communities, 
within  the  meaning  of  Articles  2  to  5  of  the  Conditions  of  Employment  of  Other 
Servants of the European Communities, working at the Commission (Eurostat). 

EN 

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CHAPTER II 
Statistical Governance 

Article 4 
The European Statistical System 

1. 

2. 

The  European  Statistical  System  (ESS)  is  the  partnership  between  the  Community 
statistical authority, which is the Commission (Eurostat), and the National Statistical 
Institutes  (NSIs)  and  other  authorities  responsible  in  each  Member  State  (national 
authorities)  for  the  development,  production  and  dissemination  of  European 
Statistics. 

The Heads of NSIs of the Member States and the Commission (Eurostat) shall meet 
as  the  ESS  Partnership  Group  at  least  three  times  a  year  in  order  to  provide 
professional guidance to the ESS for the development, production and dissemination 
of European Statistics in line with the statistical principles. 

3. 

The ESS Partnership Group shall examine the following issues: 

(a) 

(b) 

(c) 

measures  for  the  development,  production  and  dissemination  of  European 
Statistics, including the European Approach to Statistics, their justification on a 
cost  effectiveness  basis,  the  means  and  timetables  for  achieving  them,  the 
reporting burden on survey respondents; 

the outline of the European Statistical Programme; 

developments  and  priorities  in  the  European  Statistical  Programme,  in 
particular on the basis of the intermediate evaluation report established by the 
Commission (Eurostat) according to Article 11(2); 

(d) 

issues concerning statistical confidentiality; 

(e) 

any  other  questions,  in  particular  issues  of  methodology,  arising  from  the 
establishment or implementation of statistical programmes. 

4. 

A Code of Practice for the development, production and dissemination of European 
Statistics shall be established by the ESS Partnership Group and shall be published 
by  the  Commission.  The  purpose  of  the  Code  shall  be  to  ensure  public  trust  in 
European  Statistics  by  establishing  how  European  Statistics  are  to  be  developed, 
produced  and  disseminated  in  conformity  with  the  statistical  principles  and  best 
international  statistical  practice.  The  Code  shall  be  reviewed  and  updated  as 
necessary. 

Article 5 
National Statistical Institutes and other national authorities 

1. 

The  NSI  of  each  Member  State  shall  have  responsibility  for  coordinating  all 
activities  at  national  level  for  the  development,  production  and  dissemination  of 

EN 

15 

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2. 

3. 

1. 

2. 

European Statistics. The Member States shall take the necessary measures to ensure 
the application of this provision. 

The  Commission  (Eurostat)  shall  maintain  and  publish  on  its  web  site  a  list  of  the 
other national authorities designated by Member States. 

The  NSIs  and  the  other  national  authorities  included  in  the  list  referred  to  in 
paragraph 2 may receive grants without a call for proposals. 

Article 6 
Commission (Eurostat) 

At  Community  level,  the  Commission  (Eurostat)  shall  ensure  the  production  of 
European  Statistics  according  to  established  rules  and  statistical  principles;  in  this 
respect,  it  shall  have  the  sole  responsibility  for  deciding  on  processes,  statistical 
methods,  standards  and  procedures,  and  on  the  content  and  timing  of  statistical 
releases. 

Without prejudice to Article 5 of the Protocol on the Statute of the European System 
of  Central  Banks  (ESCB)  and  the  European  Central  Bank  (ECB),  the  Commission 
(Eurostat)  shall  coordinate  the  statistical  activities  of  the  institutions  and  bodies  of 
the Community, in particular with a view to ensuring consistency and quality of the 
data and minimising response burden. To that end, the Commission (Eurostat) may 
invite any institution or body of the Community to consult and cooperate with it for 
the  purpose  of  developing  methods  and  systems  for  statistical  purposes  in  their 
respective  field  of  competence;  any  of  these  Institutions  and  bodies  which  may 
propose to produce statistics shall consult with the Commission (Eurostat) and take 
into account any recommendation that it may make to this effect. 

Article 7 
Cooperation with other bodies  

The  European  Statistical  Advisory  Committee  and  the  European  Statistical  Governance 
Advisory Board shall be consulted within the limits of their respective competence. 

Article 8 
Cooperation with the ESCB 

To  minimise  reporting  burden  and  guarantee  the  coherence  necessary  to  produce  European 
Statistics, the ESCB and the ESS shall cooperate closely, while complying with the statistical 
principles. 

Article 9 
International cooperation  

Without  prejudice  to  the  position  of  individual  Member  States,  the  position  of  the  ESS  as 
regards  issues  of  particular  relevance  to  European  Statistics  at  international  level  as  well  as 

EN 

16 

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the  specific  arrangements  for  representation  in  the  international  statistical  bodies  shall  be 
coordinated by the Commission (Eurostat). 

Article 10 
Statistical quality 

1. 

To guarantee the quality of results, European statistics shall be produced on the basis 
of  uniform  standards  and  of  harmonised  methods.  In  this  respect,  the  following 
quality dimensions shall apply: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

'relevance'  refers  to  the  degree  to  which  statistics  meet  current  and  potential 
needs of the users.  

'accuracy' refers to the closeness of estimates to the unknown true values; 

'timeliness'  refers  to  the  time  lag  between  the  availability  of  the  information 
and the event or phenomenon it describes; 

'punctuality'  refers  to  the  time  lag  between  the  date  of  the  release  of  the  data 
and the target date when it should have been delivered; 

'accessibility' and 'clarity' refer to the conditions and modalities by which users 
can obtain, use and interpret data; 

'comparability'  refers  to  the  measurement  of  the  impact  of  differences  in 
applied  statistical  concepts  and  measurement  tools  and  procedures  when 
statistics  are  compared  between  geographical  areas,  sectoral  domains  or  over 
time; 

(g) 

'coherence'  refers  to  the  adequacy  of  the  data  to  be  reliably  combined  in 
different ways and for various uses. 

2. 

In  applying  the  quality  dimensions  laid  down  in  paragraph  1  of  this  Article  to  the 
data  covered  by  sectoral  legislation  in  specific  statistical  domains,  the  modalities, 
structure  and  periodicity  of  quality  reports  provided  for  in  sectoral  legislation  shall 
be defined by the Commission in accordance with the regulatory procedure referred 
to in Article 27(2). Specific quality requirements, such as target values and minimum 
standards  for  the  statistical  production,  may  be  laid  down  in  sectoral  legislation. 
Where  sectoral  legislation  does  not  so  provide,  measures  may  be  adopted  by  the 
Commission.  Such  measures  designed  to  amend  non-essential  elements  of  this 
Regulation by supplementing it, shall be adopted in accordance with the regulatory 
procedure with scrutiny referred to in Article 27(3). 

3. 

Member States shall provide the Commission (Eurostat) with reports on the quality 
of  the  data  transmitted.  The  Commission  (Eurostat)  shall  assess  the  quality  of  data 
transmitted and publish the reports. 

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CHAPTER III 
Production of European Statistics 

Article 11 
European Statistical Programme 

1. 

2. 

the 
The  European  Statistical  Programme  shall  provide 
development,  production  and  dissemination  of  European  Statistics,  the  main  fields 
and the objectives of the actions envisaged for a period not exceeding five years. It 
shall be decided by the European Parliament and the Council. 

the  framework  for 

For  each  European  Statistical  Programme,  the  Commission  shall  submit  to  the 
European  Parliament  and  the  Council  an  intermediate  evaluation  report  during  the 
third year of implementation of the programme and a final evaluation report within 
twelve months of the end of the programme period. 

Article 12 
Implementation of the European Statistical Programme 

1. 

The  European  Statistical  Programme  shall  be  implemented  by  individual  statistical 
actions which shall be decided either: 

(a) 

(b) 

(c) 

by the European Parliament and the Council; or 

in  exceptional  cases,  by  the  Commission  under  the  conditions  laid  down  in 
Article 15; or 

by  means  of  agreement  between  the  national  authorities  and  Eurostat  within 
their respective spheres of competence. These agreements shall be in writing. 

2. 
In  pursuing  an  action  referred  to  in  paragraphs  1(a)  and  1(b),  the  Commission  shall 
provide the objectives for the action and a cost effectiveness analysis, including an assessment 
of the burden on respondents; 

Article 13 
Collaborative networks 

In  the  individual  statistical  actions,  synergies  shall  be  developed,  when  possible,  within  the 
ESS  through  collaborative  networks,  by  the  sharing  of  expertise  and  results  or  by  fostering 
specialisation  on  specific  tasks.  To  this  end,  an  adequate  financial  structure  shall  be 
developed. 

Article 14 
European approach to statistics 

1. 

The European Approach to Statistics aims at: 

EN 

18 

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(a) 

maximising  the  availability  and  timeliness  of  European  totals  where  the 
production and dissemination of European Statistics may rely entirely or not on 
national  data  produced  and  disseminated  by  the  national  authorities  of  all 
Member States; 

(b) 

optimising  the  transmission  of  data  and  the  release  and  revision  of  statistics 
where a coordinated policy and approach need to be established. 

2. 

The  measures  to  take  shall  be  determined  in  the  individual  statistical  actions  laid 
down in Article 12(1) for the sectoral statistical  domains  or  in accordance  with the 
regulatory procedure with scrutiny. 

Article 15 
Temporary direct statistical actions of the Commission (Eurostat) 

The Commission  may  decide  on  a  temporary direct statistical action in accordance with the 
regulatory procedure referred to in Article 27(2) provided that: 

(a) 

(b) 

the action does not exceed the duration of the European Statistical Programme 
in force at that time; 

the data to be collected are already available or accessible within the national 
authorities  responsible,  or  the  data  can  be  obtained  directly,  using  the 
appropriate  samples  for  the  observation  of  the  statistical  population  at 
European level. 

Article 16 
Annual work programme 

Each year, before the end of May, the Commission shall submit for examination by the ESS 
Committee its work programme for the following year. This work programme shall indicate 
in particular: 

(a) 

(b) 

the actions which the Commission considers to have priority, bearing in mind 
Community  policy  needs  and  both  national  and  Community  financial 
constraints; 

the  procedures  and  any  legal  instruments  envisaged  by  the  Commission  for 
implementation of the programme. 

The Commission shall take the utmost account of the comments of the ESS Committee. 

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CHAPTER IV 
Dissemination of European Statistics 

Article 17 
Dissemination measures 

1. 

2. 

3. 

The dissemination of European Statistics shall be undertaken in full compliance with 
the statistical principles, particularly in respect of protecting statistical confidentiality 
and ensuring equality of access as required under the principle of impartiality. 

The  dissemination  of  European  Statistics  shall  be  carried  out  by  the  Commission 
(Eurostat), the NSIs and other national authorities within their respective spheres of 
competence. 

Member  States  and  the  Commission  shall  provide  the  necessary  support  to  ensure 
equality of access to European Statistics for all users. 

Article 18 
Public Use Files 

Individual data may be disseminated in the form of a public use file consisting of anonymised 
records  which  have  been  prepared  in  such  a  way  that  the  statistical  data  subject  cannot  be 
identified  when  account  is  taken  of  all  relevant  means  that  might  reasonably  be  used  by  a 
third party. 

CHAPTER V 
Statistical Confidentiality 

Article 19 
Protection of confidential data within the ESS 

1. 

2. 

3. 

The  following  rules  and  measures  shall  apply  to  ensure  that  confidential  data  are 
exclusively used for statistical purposes and to prevent their unlawful disclosure. 

National authorities and the Commission (Eurostat) shall ensure that the confidential 
data  are  used  exclusively  for  statistical  purposes  unless  the  statistical  data  subjects 
have consented in writing to their use for any other specified purposes. 

Statistical  results  which  may  make  it  possible  to  identify  a  statistical  data  subject 
may  be  disseminated  by  the  national  authorities  and  the  Commission  (Eurostat)  in 
exceptional  cases;  the  specific  conditions  shall  be  determined  by  Community  Law. 
These  results  shall  be  amended  in  such  a  way  that  their  dissemination  does  not 
prejudice  statistical  confidentiality  whenever  the  statistical  data  subject  has  so 
requested. 

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4. 

5. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

National  authorities  and  the  Commission  (Eurostat)  shall  take  all  necessary 
regulatory,  administrative,  technical  and  organisational  measures  to  ensure  the 
harmonisation  of  methods,  criteria  and  practices  within  the  ESS  as  regards  the 
physical  and  logical  protection  of  confidential  data  (Statistical  Disclosure  Control). 

Measures to ensure the implementation of the first subparagraph shall be adopted by 
the  Commission  in  accordance  with  the  regulatory  procedure  referred  to  in  Article 
27(2). 

Officials  and  other  staff  of  national  authorities  having  access  to  confidential  data 
shall be subject to compliance with such confidentiality, even after cessation of their 
functions. 

Article 20 
Transmission of confidential data 

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. 

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. 

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. 

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. 

Article 21 
Protection of confidential data in the Commission (Eurostat) 

Confidential  data  shall  be  accessible,  subject  to  the  exceptions  laid  down  in 
paragraph 2, only to officials of the Commission (Eurostat) and may be used by them 
exclusively for statistical purposes. 

The  Commission  (Eurostat)  may  in  exceptional  cases  grant  access  to  confidential 
data  to  its  other  staff  and  to  other  natural  persons  working  for  the  Commission 
(Eurostat) under contract. 

Persons having access to confidential data shall use these data only for the purposes 
laid  down  in  this  Regulation.  They  shall  be  subject  to  this  restriction  even  after 
cessation of their functions. 

EN 

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Article 22 
Access to confidential data for research purposes 

Access to confidential data may be granted at Community level by the Commission (Eurostat) 
to  researchers  carrying  out  statistical  analyses  for  scientific  purposes.  If  the  data  have  been 
transmitted  to  Eurostat  the  approval  of  the  national  authority  which  provided  the  data  is 
required. 

The modalities, rules and conditions for access shall be established by the Commission. Such 
measures  designed  to  amend  non-essential  elements  of  this  Regulation  by  supplementing  it, 
shall  be  adopted  in  accordance  with  the  regulatory  procedure  with  scrutiny  referred  to  in 
Article 27(3). 

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 24 
Data from public sources 

Data  obtained  from  sources  lawfully  available  to  the  public  shall  not  be  considered 
confidential  for  the  purpose  of  dissemination  of  statistical  information  obtained  from  these 
data. 

Article 25 
Agreement by the statistical data subject 

Statistical confidentiality shall not prevent dissemination when the statistical data subject has 
agreed to the disclosure of the data. 

Article 26 
Violation of statistical confidentiality 

Member States and the Commission shall take appropriate measures to prevent and sanction 
any violations of statistical confidentiality. 

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CHAPTER VI 
Final Provisions 

Article 27 
Committee 

1. 

2. 

3. 

1. 

The  Commission  shall  be  assisted  by  a  European  Statistical  System  Committee, 
hereinafter referred to as the ESS Committee. 

Where reference is made to this paragraph, the procedure laid down in 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 three months. 

Where  reference  is  made  to  this  paragraph,  Article  5a  (1)  to  (4)  and  Article  7  of 
Council Decision 1999/468/EC shall apply, having regard to the provisions of Article 
8 thereof. 

Article 28 
Repeal 

Regulation (Euratom, EC) [of the European Parliament and of the Council No …/… 
of … on the transmission of data subject to statistical confidentiality to the Statistical 
Office of the European Communities [COM(2006)477]] is repealed. 

References  to  the  repealed  Regulation  shall  be  construed  as  references  to  this 
Regulation. 

References  to  the  Committee  on  Statistical  Confidentiality  established  under  the 
repealed  Regulation  shall  be  construed  as  references  to  the  ESS  Committee 
established by Article 27 of this Regulation. 

2. 

Regulation (EC) No 322/97 is repealed. 

References  to  the  repealed  Regulation  shall  be  construed  as  references  to  this 
Regulation. 

3. 

Decision 89/382/EEC, Euratom is repealed. 

References to the Committee shall be construed as references to the ESS Committee 
established by Article 27 of this Regulation. 

Article 29 
Entry into force 

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

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

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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