2009/252/EC: Commission Decision of 11 March 2009 concerning derogations from certain provisions of Regulation (EC) No 177/2008 of the European Parliament and of the Council establishing a common framework for business registers for statistical purposes (notified under document number C(2009) 1568) Text with EEA relevance
Date: 2009-03-11
Institutions: European Commission
Subjects: EU statistics, company structure, competitiveness, data collection, exchange of information, information system, statistical method, type of business

21.3.2009

EN

Official Journal of the European Union

L 75/11

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory)

II

DECISIONS

COMMISSION

COMMISSION DECISION

of 11 March 2009

concerning derogations from certain provisions of Regulation (EC) No 177/2008 of the European
Parliament and of the Council establishing a common framework for business registers for
statistical purposes

(notified under document number C(2009) 1568)

(Only the Danish, Dutch, English, Estonian, French, German, Greek, Latvian, Lithuanian, Maltese, Polish and
Slovak texts are authentic)

(Text with EEA relevance)

(2009/252/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Having regard to the Treaty
Community,

establishing the European

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
repealing Council Regulation
2186/93 (1), and in particular Article 14 thereof,

and

Article 14 of Regulation (EC) No 177/2008 provides that
when business registers require a major overhaul, the
Commission may grant a derogation at the request of a
Member State for a transitional period that shall not
forestry and
exceed 25 March 2010. For agriculture,
and
fishing,
compulsory social security, and for the additional charac­
teristics relating to enterprise groups, the Commission
may grant a derogation at
the request of a Member
State for a transitional period that shall not exceed
25 March 2013.

administration

defence,

public

and

the Republic of Estonia,
the French Republic,

Having regard to the requests made by the Kingdom of
Belgium, the Kingdom of Denmark, the Federal Republic of
the Hellenic
Germany,
Republic,
the
Republic of Lithuania, the Grand Duchy of Luxembourg, the
Republic of Malta,
the
the Kingdom of
Republic of Austria, the Republic of Poland and the Slovak
Republic,

the Republic of Latvia,

the Netherlands,

Ireland,

(3)

(4)

Some Member States have requested such derogations to
be granted.

It seems justified to grant
those derogations, as the
Member States’ requests are based on a legitimate need
to further adapt their national statistical systems,

Whereas:

HAS ADOPTED THIS DECISION:

(1)

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

(1) OJ L 61, 5.3.2008, p. 6.

Article 1

Derogations are hereby granted to the Member States listed in
the Annex, under the conditions and subject to the limits set
out therein, in order to enable those Member States to bring
their respective national statistical systems into conformity with
Regulation (EC) No 177/2008.

L 75/12

EN

Official Journal of the European Union

21.3.2009

Article 2

This decision is addressed to the Kingdom of Belgium, the Kingdom of Denmark, the Federal Republic of
Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the French Republic, the Republic of
Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Malta, the Kingdom of
the Netherlands, the Republic of Austria, the Republic of Poland and the Slovak Republic.

Done at Brussels, 11 March 2009.

For the Commission

Joaquín ALMUNIA
Member of the Commission

21.3.2009

EN

Official Journal of the European Union

L 75/13

ANNEX

GRANTED DEROGATIONS

Member State

Granted derogation

End of derogation

Belgium

Characteristics 4.1, 4.2a, 4.3 to 4.7 and 4.9

25 March 2010

Characteristics 1.8 to 1.12a, 1.13a, 3.12, 4.11,
4.12a and 4.13a

30 June 2011

Denmark

Coverage of enterprise groups

30 June 2009

Coverage of enterprise groups not belonging to the
largest MNEs transmitted by Eurostat

31 December 2009

Germany

Characteristic 3.11 and latter part of characteristic
1.7a (Reference to customs files or to the register
of extra-Community operators)

25 March 2010

Agriculture, forestry and fishing, public administra­
tion and defence, and compulsory social security

31 December 2012

Estonia

Ireland

Characteristic 1.12a

Full derogation

Characteristic 1.3

Characteristic 3.11
Coverage of enterprise groups not belonging to the
largest MNEs transmitted by Eurostat

25 March 2010

31 December 2008

31 December 2009

25 March 2010

Characteristics 1.8 to 1.12b, 1.13a, 3.12, 4.1, 4.2a,
4.5 to 4.7, 4.9, 4.13a

31 December 2012

Agriculture, forestry and fishing, public administra­
tion and defence, and compulsory social security

25 March 2013

Greece

Enterprise groups and their characteristics

31 December 2008

Coverage of enterprise groups not belonging to the
largest MNEs transmitted by Eurostat

Agriculture, forestry and fishing, public administra­
tion and defence, and compulsory social security,
and the
to
enterprise groups

characteristics

additional

relating

25 March 2010

25 March 2013

France

Latvia

Agriculture, forestry and fishing

30 June 2012

Multinational enterprise groups and their characte­
ristics

31 December 2008

Coverage of enterprise groups not belonging to the
largest MNEs transmitted by Eurostat

5 March 2010

The additional characteristics relating to enterprise
groups

31 December 2010

Lithuania

Multinational enterprise groups and their characte­
ristics

The additional characteristics relating to enterprise
groups

25 March 2010

25 March 2013

L 75/14

EN

Official Journal of the European Union

21.3.2009

Member State

Granted derogation

End of derogation

Luxembourg

Enterprise groups and their characteristics

31 December 2008

Coverage of enterprise groups not belonging to the
largest MNEs transmitted by Eurostat

31 December 2009

Agriculture, forestry and fishing, public administra­
tion and defence, and compulsory social security

31 December 2010

The additional characteristics relating to enterprise
groups

25 March 2013

Malta

Enterprise groups and their characteristics

31 December 2008

Coverage of enterprise groups not belonging to the
largest MNEs transmitted by Eurostat

The additional characteristics relating to enterprise
groups

Netherlands

Characteristics 1.12a, 1.13a, 3.11, 4.4, 4.11, 4.12a
and 4.13a

Agriculture, forestry and fishing, public administra­
tion and defence, and compulsory social security,
and the
to
enterprise groups

characteristics

additional

relating

Austria

Characteristic 3.11 concerning sub-sectors (public,
national private, foreign controlled) of S.11, S.122,
S.123, S.124 and S.125

Enterprise groups and their characteristics

Agriculture, forestry and fishing

Local units and their characteristics in public ad­
ministration and defence and in compulsory social
security

25 March 2010

25 March 2013

25 March 2010

25 March 2013

25 March 2010

31 December 2011

31 December 2012

Poland

Data on multinational enterprise groups and their
transmission to Eurostat

31 March 2009

Agriculture, forestry and fishing

31 December 2011

Slovakia

Additional characteristics
groups

relating to enterprise

30 June 2009