Commission Regulation (EC) No 192/2009 of 11 March 2009 implementing Regulation (EC) No 177/2008 of the European Parliament and of the Council establishing a common framework for business registers for statistical purposes, as regards the exchange of confidential data between the Commission (Eurostat) and Member States (Text with EEA relevance)
Date: 2009-03-11
Institutions: European Commission
Subjects: EU programme, EU statistics, Eurostat, confidentiality, directory, disclosure of information, harmonisation of standards, information system

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COMMISSION REGULATION (EC) No 192/2009

of 11 March 2009

implementing Regulation (EC) No 177/2008 of the European Parliament and of the Council
establishing a common framework for business registers for statistical purposes, as regards the
exchange of confidential data between the Commission (Eurostat) and Member States

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

The Commission (Eurostat) and the appropriate national au-
thorities shall provide for each data delivery the necessary
metadata information in electronic form in accordance with
the standards of the European Statistical System and in the
structure defined in the most recent version of the Eurostat
Business Registers Recommendations Manual available from
the Commission (Eurostat).

Having regard to Regulation (EC) No 177/2008 of the European
Parliament and of the Council of 20 February 2008 establishing
registers for statistical
a common framework for business
purposes
(EEC) No
2186/93 (1), and in particular Article 11(3) thereof,

repealing Council Regulation

and

Whereas:

(1)

(2)

(3)

Regulation (EC) No 177/2008 establishes a new common
framework for business registers exclusively for statistical
purposes
to maintain the development of
business registers in a harmonised framework.

in order

In accordance with Article 11 of Regulation (EC) No
it is necessary to establish the format, the
177/2008,
security and confidentiality measures, and the procedure
for the transmission of data on individual units to the
Commission (Eurostat) and for the transmission of data
on the multinational enterprise groups to the appropriate
national authorities.

The measures provided for in this Regulation are in
Statistical
accordance with
Programme Committee, established by Council Decision
89/382/EEC, Euratom (2),

opinion

the

the

of

Article 2

Confidentiality measures

1.
Data transmitted to the Commission (Eurostat) by the
appropriate national authorities, or received by the Commission
(Eurostat) from other sources, shall be stored in a Community
register of multinational enterprise groups and their constituent
units (hereinafter referred to as EuroGroups register).

2. When transmitting data to the Commission (Eurostat) in
accordance with Article 11(1) of Regulation (EC) No 177/2008,
the appropriate national authorities shall flag data which are
confidential in accordance with national legislation.

shall,

In order

exclusively

record of data,
for

to ensure a consistent
(Eurostat)

the
3.
Commission
statistical
purposes, transmit to the appropriate national authorities of
Member States other than the reporting country, the character-
istics specified in Part B of the Annex, including confidentiality
flags, concerning multinational enterprise groups and their
the group is
constituent units, when at
located in the territory of that Member State.

least one unit of

HAS ADOPTED THIS REGULATION:

Article 1

Format

The Commission (Eurostat) and the appropriate national au-
thorities shall transmit the data referred to in Article 11 of
Regulation (EC) No 177/2008 in the format set out in the
Annex, Part A, to this Regulation.

(1) OJ L 61, 5.3.2008, p. 6.
(2) OJ L 181, 28.6.1989, p. 47.

Article 3

Security measures

authorities

The Commission (Eurostat) and the appropriate national au-
thorities shall store the data that have been flagged as confi­
the national
dential by
in accordance with
Article 2(2)
in a secure area with restricted and controlled
access. The appropriate national authorities shall on request
provide information for the Commission (Eurostat) on the
security measures applied in the Member State concerned. The
Commission (Eurostat) shall pass on this information to the
other Member
shall
similarly provide information on its security measures to the
national authorities.

States. The Commission (Eurostat)

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The transmission of the data shall be done in an encrypted form
via the secure medium used by the Commission (Eurostat) for
the exchange of confidential data.

the
be transmitted by electronic means and uploaded at
Commission (Eurostat) through its single entry point for data.

Article 4

Procedure for transmission

The data and metadata transmitted pursuant to this Regu­
1.
lation shall be exchanged in electronic form between the appro­
priate national authorities and the Commission (Eurostat). The
transmission format shall conform to appropriate exchange
standards specified by the Commission (Eurostat). Data shall

2. Member States shall
supplied
and
according to the requirements of this Regulation.

implement the exchange standards
the Commission (Eurostat)
by

guidelines

Article 5

Entry into force

This Regulation shall enter into force on the 20th day following
that of
the European
Union.

its publication in the Official

Journal of

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

Done at Brussels, 11 March 2009.

For the Commission

Joaquín ALMUNIA
Member of the Commission

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ANNEX

A. STRUCTURE AND FORMAT FOR THE TRANSMISSION

1. Introduction

Standardisation of data record structures is fundamental for efficient data processing. It is a necessary step towards
providing data conforming to the exchange standards specified by the Commission (Eurostat).

Data is sent as a set of records (data set).

Confidential data has to be sent with the true value being recorded in the value field and a flag indicating that the data is
confidential in accordance with Article 2(2).

Monetary data has to be expressed in thousands of national currency units (euro for the countries of the euro area).
Countries acceding to the euro area shall report monetary data in euro instead of national currency as from the year of
their accession.

2. Data set identifier

All data sets that the Commission (Eurostat) and the national authorities transmit shall be identified by applying the
naming convention specified in the detailed documentation and guidelines regarding the exchange standards that the
Commission (Eurostat) makes available.

3. Data sets, structure and definition of fields

This section gives the contents of the data sets that the Commission (Eurostat) and the national authorities shall transmit.
The data set technical names, structure, fields, codes and attributes to be used shall be included in the most recent version
of the Eurostat Business Registers Recommendations Manual referred to in Article 7 of Regulation (EC) No 177/2008.

The data processing of the EuroGroups register is a cyclical process, which the Commission (Eurostat) starts centrally. At
the end of each cycle a population frame shall be available for compilers of statistics in Member States.

At the beginning of each cycle the Commission (Eurostat) transmits data sets with metadata, e.g. NACE classification, to
the appropriate national statistical authorities (hereinafter referred to as NSAs) to ensure that in all countries the same
metadata is available and used.

3.1. First data exchange

The first data exchange takes place after the start of the processing of new data on legal units received from private
providers of basic register data. If there is more than one provider, data referring to the same legal units is linked. The
Commission (Eurostat) transmits to the NSAs the following data sets with information on the results of this linkage
process and information on legal units. NSAs transmit back the same data sets with the corrected and completed
information including confidentiality flags.

Data set with results of the linkage process

Contents

Identity number (1.1)

Name (1.2a)

Value Added Tax (VAT) registration number or, failing that, other administrative identity
number (1.3)

Data sets with information on legal units

Contents

Identity number (1.1)

Name (1.2a)

Address (including postcode) at the most detailed level (1.2b)

Optional: Telephone and fax numbers, electronic mail address, and information to permit
electronic collection of data (1.2c)

Value Added Tax (VAT) registration number or, failing that, other administrative identity
number (1.3)

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Date of
operator for natural persons (1.4)

incorporation for legal persons or date of official recognition as an economic

Date on which the legal unit ceased to be part of an enterprise (as identified in 3.3) (1.5)

Legal form (1.6)

Reference to the register of intra-Community operators, and to customs files or to the register
of extra-Community operators (1.7a)

Optional: Reference to balance sheet data, and to the balance of payments or foreign direct
investment register, and to the farm register (1.7b)

Identity number of the truncated enterprise group (4.1), to which the unit belongs (1.8)

3.2. Integration of data sources from different Member States

The next step of the data processing is the integration of information coming from different Member States centrally at
the Commission (Eurostat). This information refers to control and ownership of legal units and to the statistical unit
enterprise, which is defined by the Member States and may consist of one or several
legal units. The Commission
(Eurostat) shall transmit the results of this integration to the NSAs, which transmit back the data sets with the
corrected and completed information including confidentiality flags.

Data sets with information on control and ownership of units

Contents

Identity numbers of resident legal units, which are controlled by the legal unit (1.11a)

Identity number of the resident legal unit, which controls the legal unit (1.11b)

Countries of registration of the non-resident legal units, which are controlled by the legal unit
(1.12a)

Identity numbers or names and addresses of the non-resident legal units, which are controlled
by the legal unit (1.12a)

Conditional: VAT numbers of non-resident legal units, which are controlled by the legal unit
(1.12b)

Country of registration of the non-resident legal unit, which controls the legal unit (1.13a)

Identity number or name and address of the non-resident legal unit, which controls the legal
unit (1.13a)

Conditional: VAT number of the non-resident legal unit, which controls the legal unit (1.13b)

Conditional: Identity numbers and shares (%) of resident legal units owned by the legal unit
(1.14a)

Conditional: Identity numbers and shares (%) of resident legal units, which own the legal unit
(1.14b)

Conditional: Countries of registration of the non-resident legal units owned by the legal unit
(1.15)

Identity numbers or names and addresses and shares (%) of the non-resident legal units
owned by the legal unit (1.15)

VAT numbers of the non-resident legal units owned by the legal unit (1.15)

Conditional: Countries of registration of the non-resident legal units, which own the legal unit
(1.16)

Identity numbers or names and addresses and shares (%) of the non-resident legal units,
which own the legal unit (1.16)

VAT numbers of the non-resident legal units, which own the legal unit (1.16)

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Data sets with information on enterprises

Contents

Identity number (3.1)

Name (3.2a)

Optional: Postal, electronic mail and website addresses (3.2b)

Identity number(s) of the legal unit(s) of which the enterprise consist(s) (3.3)

Date of commencement of activities (3.4)

Date of final cessation of activities (3.5)

Principal activity code at NACE 4-digit level (3.6)

Conditional: Secondary activities, if any, at NACE 4-digit level (3.7)

Number of persons employed (3.8)

Number of employees (3.9a)

Optional: Number of employees in full-time equivalents (3.9b)

Turnover (3.10a and Optional: 3.10b)

Institutional sector and sub-sector according to European System of Accounts (3.11)

Identity number of the truncated enterprise group (4.1), to which the enterprise belongs
(3.12)

3.3. Compilation of truncated and global enterprise groups

The next stage is the compilation of the truncated enterprise groups and the global enterprise groups. The Commission
(Eurostat) shall transmit the results of this compilation to the NSAs, which transmit back the data sets with the corrected
and completed information including confidentiality flags.

At the end of the cycle the Commission (Eurostat) shall transmit the results of the final compilation of the truncated and
global enterprise groups to the NSAs. The Commission (Eurostat) shall transmit data to NSAs other than those of the
reporting country only for the characteristics listed in Part B of this Annex.

Data sets with information on global enterprise groups

Contents

Identity number of the global group (4.11)

Name of the global group (4.12a)

Optional: Country of registration, postal, electronic mail and website addresses of the global
head office (4.12b)

Identity number of the global group head, if the group head is resident (4.13a)

Country of registration of the global group head, if the global group head is non-resident
(4.13a)

Optional: Identity number, or name and address, of the global group head, if non-resident
(4.13b)

Optional: Number of persons employed globally (4.14)

Optional: Consolidated global turnover (4.15)

Optional: Country of global decision-centre (4.16)

Optional: Countries where enterprises or local units are located (4.17)

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Data sets with information on truncated enterprise groups

Contents

Identity number of the truncated group (4.1)

Name of the truncated group (4.2a)

Optional: Postal, electronic mail and website addresses of the truncated head office (4.2b)

Conditional: Identity number of the truncated group head (4.3)

Type of enterprise group (4.4)

Date of commencement of the truncated enterprise group (4.5)

Date of cessation of the truncated enterprise group (4.6)

Principal activity code of the truncated group at NACE 2-digit level (4.7)

Optional: Secondary activities codes of the truncated group NACE 2-digit level (4.8)

Number of persons employed in the truncated group (4.9)

Optional: Consolidated turnover (4.10)

Date of association to the truncated group (of legal units) (1.9)

Date of separation from the truncated group (of legal units) (1.10)

B. CHARACTERISTICS TO BE TRANSMITTED ACCORDING TO ARTICLE 2(3)

The Commission (Eurostat) shall, exclusively for statistical purposes, transmit to the appropriate national authorities of
Member States other than the reporting country, the following characteristics, including confidentiality flags, concerning
multinational enterprise groups and their constituent units when at least one unit of the group is located in the territory
of that Member State.

IDENTIFICATION
CHARACTERISTICS

1.1.

1.2a.

1.2b.

1. LEGAL UNIT

Identity number

Name

Address (including postcode) at the most detailed level

1.2c.

Optional

Telephone and fax numbers, electronic mail address, and information
to permit electronic collection of data

1.3.

1.4.

1.5.

1.6.

DEMOGRAPHIC
CHARACTERISTICS

ECONOMIC/
STRATIFICATION
CHARACTERISTICS

Value Added Tax (VAT) registration number or, failing that, other
administrative identity number

Date of incorporation for legal persons or date of official recognition
as an economic operator for natural persons

Date on which the legal unit ceased to be part of an enterprise (as
identified in 3.3)

Legal form

LINKS WITH OTHER
REGISTERS

1.7a.

Reference to the register of intra-Community operators set up in
accordance with Regulation (EC) No 638/2004 of
the European
Parliament and of the Council (*), and reference to customs files or
to the register of extra-Community operators

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LINK WITH
ENTERPRISE GROUP

1.8.

Identity number of the truncated enterprise group (4.1), to which the
unit belongs

1.9.

1.10.

Date of association to the truncated group

Date of separation from the truncated group

CONTROL OF UNITS

1.11a.

Identity number(s) of resident legal unit(s), which are controlled by
the legal unit

1.11b.

1.12a.

Identity number of the resident legal unit, which controls the legal
unit

Country(ies) of registration, and identity number(s) or name(s) and
address(es) of the non-resident legal unit(s), which are controlled by
the legal unit

1.12b.

Conditional

VAT number(s) of non-resident legal unit(s), which are controlled by
the legal unit

1.13a.

Country of registration, and identity number or name and address of
the non-resident legal unit, which controls the legal unit

1.13b.

Conditional

VAT number of the non-resident legal unit, which controls the legal
unit

OWNERSHIP OF
UNITS

1.14a.

Conditional

(a)

Identity number(s), and

(b) shares (%) of resident legal unit(s) owned by the legal unit

1.14b.

Conditional

(a)

Identity number(s), and

(b) shares (%) of resident legal unit(s), which own(s) the legal unit

1.15.

Conditional

(a) Country(ies) of registration, and

(b) identity number(s) or, name(s), address(es), and VAT number(s),

and

(c) shares (%) of non-resident legal unit(s) owned by the legal unit

1.16.

Conditional

(a) Country(ies) of registration, and

(b) identity number(s) or, name(s), address(es), and VAT number(s),

and

(c) shares (%) of non-resident legal unit(s), which own(s) the legal

IDENTIFICATION
CHARACTERISTICS

3.1.

3.2a.

unit

3. ENTERPRISE

Identity number

Name

3.2b.

Optional

Postal, electronic mail and website addresses

DEMOGRAPHIC
CHARACTERISTICS

3.3.

3.4.

3.5.

Identity number(s) of
consist(s)

the legal unit(s) of which the enterprise

Date of commencement of activities

Date of final cessation of activities

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ECONOMIC/
STRATIFICATION
CHARACTERISTICS

LINK WITH
ENTERPRISE GROUP

IDENTIFICATION
CHARACTERISTICS

3.6.

3.8.

3.11.

3.12.

4.1.

4.2a.

Principal activity code at NACE 4-digit level

Number of persons employed

Institutional sector and sub-sector according to European System of
Accounts

Identity number of the truncated enterprise group (4.1), to which the
enterprise belongs

4. ENTERPRISE GROUP

Identity number of the truncated group

Name of the truncated group

4.2b.

Optional

Postal, electronic mail and website addresses of the truncated head
office

4.3.

Part
conditional

Identity number of the truncated group head (equals the identity
number of the legal unit, which is the resident group head).

Conditional if the controlling unit is a natural person, who is not an
economic operator, recording is subject to the availability of this
information in the administrative sources

4.4.

4.5.

4.6.

4.7.

4.9.

4.11.

4.12a.

DEMOGRAPHIC
CHARACTERISTICS

ECONOMIC/
STRATIFICATION
CHARACTERISTICS

IDENTIFICATION
CHARACTERISTICS

Type of enterprise group:

2. domestically controlled truncated group;

3. foreign controlled truncated group

Date of commencement of the truncated enterprise group

Date of cessation of the truncated enterprise group

Principal activity code of the truncated group at NACE 2-digit level

Number of persons employed in the truncated group

Identity number of the global group

Name of the global group

4.12b. Optional

Country of registration, postal, electronic mail and website addresses
of the global head office

4.13a.

Identity number of the global group head,
if the group head is
resident (equals the identity number of the legal unit, which is the
group head).

If the global group head is non-resident, its country of registration.

4.13b. Optional

Global group head identity number or name and address,
resident

if non-

ECONOMIC/
STRATIFICATION
CHARACTERISTICS

4.14.

Optional

Number of persons employed globally

4.16.

Optional

Country of global decision-centre

4.17.

Optional

Countries where enterprises or local units are located

(*) OJ L 102, 7.4.2004, p. 1.