Opinion of the European Central Bank of 14 November 2007 at the request of the Council of the European Union on a proposal for a regulation of the European Parliament and of the Council on European statistics (CON/2007/35)
Date: 2007-11-14
Institutions: European Central Bank
Subjects: EU Member State, EU statistics, European Central Bank, Eurostat, confidentiality, data transmission

5.12.2007

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Official Journal of the European Union

C 291/1

I

(Resolutions, recommendations and opinions)

OPINIONS

EUROPEAN CENTRAL BANK

OPINION OF THE EUROPEAN CENTRAL BANK

of 14 November 2007

at the request of the Council of the European Union on a proposal for a regulation of the European
Parliament and of the Council on European statistics

(CON/2007/35)

(2007/C 291/01)

Introduction and legal basis

On 8 November 2007, the European Central Bank (ECB) received a request from the Council of the
European Union for an opinion on a proposal for a regulation of the European Parliament and of the
Council on European statistics (1) (hereinafter the ‘proposed regulation’).

The ECB's competence to deliver an opinion is based on the first indent of Article 105(4) of the Treaty
establishing the European Community. In accordance with the first sentence of Article 17.5 of the Rules of
Procedure of the ECB, the Governing Council has adopted this opinion.

1. General observations

1.1 The ECB welcomes the proposed regulation as it acknowledges the existence of two parallel and
complementary regimes for the production of European statistics and at the same time recognises the
ESCB's independence in the pursuit of its statistical functions (recitals 7 and 8). The ECB also welcomes
the reference, in recital 9, to the important advisory role played by the Committee on monetary, finan-
cial and balance of payments statistics (CMFB).

1.2 The ECB also notes with satisfaction that the proposed regulation recognises the need for close coopera-
tion between the ESS and the ESCB in the development, production and dissemination of European
statistics produced by both systems (Article 8). In this respect, the ECB notes that the requirement for
the ESS and the ESCB to cooperate closely, as indicated in recital 6 of the proposed regulation, will
operate within the primary law framework applicable to the ESCB under the Treaty. In particular
Article 5 of the ESCB Statute provides that, in order to undertake the ESCB's tasks, the ECB, assisted by
the national central banks, collects the necessary statistical
information either from the competent
national authorities or directly from economic agents, and that for these purposes it cooperates with
the Community institutions or bodies and with the competent authorities of the Member States.

1.3 Furthermore, the ECB welcomes that Article 20(3) of the proposed regulation addresses the issue of the
exchange of confidential data, for statistical purposes only, between the ESS and the ESCB. It is widely
accepted that an enhanced exchange of confidential
information between the ESS and the ESCB is
increasingly necessary to ensure the quality and consistency of European statistics, while minimising the
burden on respondents. This can be done by asking for the same data only once, and sharing them
among the statistical authorities that need them while maintaining strict confidentiality provisions.

(1) COM(2007) 625.

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However, the ECB is of the view that, contrary to what is currently stated in Article 20(3), such an
exchange should not be made dependent on the enactment of further, sectoral legal acts that would
need to explicitly authorise such exchanges of confidential statistical information. In order to ensure an
information, the legal framework should
efficient and effective exchange of the necessary statistical
foresee that such a transmission can take place provided that it is necessary for the efficient develop-
ment, production or dissemination of European statistics, following the example of Article 20(1) of the
proposed regulation which regulates the exchange of confidential statistical information within the ESS.

1.4 The ECB underlines that it is important to obtain full legal access to all required existing data in order
to reduce the burden on respondents. This is also referred to in Article 23 (Access to administrative
records) of the proposed regulation. However, the ECB suggests that the legal framework needs to
provide for the determination of practical arrangements and ‘modalities’ for achieving effective access,
rather than the ‘limits and conditions’, as that suggests an unwarranted restriction of such access.

1.5 Article 253 of the Treaty provides that regulations adopted jointly by the European Parliament and the
Council must refer to any opinions which were required to be obtained pursuant to the Treaty. The ECB
would therefore suggest that the recitals to the proposed regulation have regard to this opinion of the
ECB.

2. Drafting proposals

Where the ECB's advice would lead to changes in the proposed regulation, drafting proposals are set out in
the Annex.

Done at Frankfurt am Main, 14 November 2007.

The Vice-President of the ECB

Lucas D. PAPADEMOS

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ANNEX

DRAFTING PROPOSALS

Text proposed by the Commission

Amendments proposed by the ECB (1)

Article 20 — Transmission of confidential data

Article 20 — Transmission of confidential data

Amendment 1

1. 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.

1.

2. 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 trans-
mission of such data.

3. 2.

Transmission between the national authorities and
between the national authorities and the Commis-
sion (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.

The exchange of confidential data for statistical
purposes between the Transmission from an ESS
statistical authority to and the an ESCB central
bank of confidential data may take place where
deemed provided that this transmission is neces-
sary for the efficient development, production and
or dissemination of European or ESCB statistics
referred to in Article 285 of the Treaty and
Article 5 of the Statute of the ESCB and the
ECB and if explicitly provided for in Community
law.

3. 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.

2. 3. National rules on statistical confidentiality may not
be invoked to prevent the transmission of confiden-
tial data under paragraphs 1 and 2, where an act
of Community law provides for the transmission of
such data.

4. 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.

4.

5.

4. 6.

If confidential data are transmitted by an ESCB
central bank to an ESS statistical authority in
accordance with Council Regulation (EC)
No 2533/98 of 23 November 1998 concerning
the collection of statistical information by the
European Central Bank (2), these data shall be
used exclusively for the development, produc-
tion or dissemination of European statistics
referred to in Article 285 of the Treaty and
Article 5 of the Statute of the ESCB and the
ECB.
Without prejudice to paragraph 2, [a]ny further
transmission of confidential data outside the ESS
must be explicitly authorised by the national
authority that collected the data.
The protection measures provided for in this Regu-
lation shall apply to all confidential data transmitted
within the ESS and between the ESS statistical
authorities and the ESCB central banks.

Justification — See paragraph 1.3 of the opinion

Amendment 2

Article 23 — Access to administrative records

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.

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.

(1) Bold in the body of the text indicates where the ECB proposes inserting new text. Strikethrough in the body of the text indicates where

the ECB proposes deleting the text.

(2) OJ L 318, 27.11.1998, p. 8.

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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.

The practical arrangements and modalities the limits and
conditions for achieving effective access shall be determined
where necessary by each Member State and the Commis-
sion in their respective spheres of competence.

Justification — See paragraph 1.4 of the opinion

Amendment 3

Having regard to the proposal from the Commission,

Having regard to the proposal from the Commission,

After consulting the European Data Protection Supervisor,

Having regard to the opinion of the European Central
Bank,

After consulting the European Data Protection Supervisor,

Justification — See paragraph 1.5 of the opinion