Opinion of the European Central Bank of 6 January 2010 on a new legal framework for the production of national statistics (CON/2010/2)
Date: 2010-01-06
Institutions: European Central Bank
Subjects: EU statistics, Estonia, confidentiality, data collection, economic statistics, national statistics

EN 

OPINION OF THE EUROPEAN CENTRAL BANK 

of 6 January 2010  

on a new legal framework for the production of national statistics 

(CON/2010/2) 

Introduction and legal basis 

On 3 December 2009 the European Central Bank (ECB) received a request from the Ministry of Finance 

of Estonia for an opinion on the draft law on national statistics (hereinafter the ‘draft law’). 

The ECB’s competence to deliver an opinion is based on Articles 127(4) and 282(5) of the Treaty on the 

Functioning of the European Union and the third and fourth indents of Article 2(1) of Council Decision 

98/415/EC  of  29 June  1998  on  the  consultation  of  the  European  Central  Bank  by  national  authorities 
regarding  draft  legislative  provisions1,  as  the  draft  law  relates  to  Eesti  Pank  and  the  collection, 

compilation and distribution of monetary, financial, banking, payment systems and balance of payments 

statistics. In accordance with the first sentence of Article 17.5 of the Rules of Procedure of the European 

Central Bank, the Governing Council has adopted this opinion. 

1.  

Purpose of the draft law 

The  Law  on  national  statistics  was  adopted  in  1997.  The  draft  law  is  aimed  at  improving  the  general 

functioning  of  national  statistics  production  and  at  ensuring  consistency  with  Regulation  (EC) 
No 223/2009 on European statistics2. Eesti Pank and the Statistikaamet (the National Statistical Institute 

of  Estonia  (NSI))  will  continue  to  be  the  producers  of  national  statistics  and  the  national  statistics 

programme will consist of: (a) the list of statistical work approved by the Government of the Republic; 

and (b) the list of statistical work approved by the Governor of Eesti Pank. 

2. 

General observations 

2.1   The ECB welcomes the aim of the draft law to ensure consistency with the framework of European 

statistics and to improve the production of national statistics. 

1  
2  

OJ L 189, 3.7.1998, p. 42.  
Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics 
and  repealing  Regulation  (EC,  Euratom)  No  1101/2008  of  the  European  Parliament  and  of  the  Council  on  the 
transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council 
Regulation  (EC)  No  322/97  on  Community  Statistics,  and  Council  Decision  89/382/EEC,  Euratom  establishing  a 
Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164). 

 
 
 
 
 
                                                 
2.2  As of the date of abrogation of the derogation for Estonia under Article 140(2) of Treaty, the clause 

referred  to  in  Article  8(1)  of  the  draft  law  will  require  amendment.  This  could  be  avoided  by 

making a more general reference or taking the potential replacement of this clause into account. 

2.3   According  to  the  draft  law,  the  NSI’s  Director  General  is  responsible  for  cooperation  with  other 

producers of national statistics. The ECB emphasises that ensuring effective cooperation between 

Eesti Pank and NSI is very important for the quality and cost-effectiveness of statistics. At the same 

time,  such  cooperation  must  be  without  prejudice  to  Eesti  Pank’s  independence  and  to  its  tasks 

within the statistical framework of the European System of Central Banks (ESCB); the ECB would 

recommend addressing this issue in the draft law.  

2.4   According to the draft law, the national statistics programme covers demographic, social, economic 

and environmental statistics and is based on national or international statistical needs. One part of 

the programme will be the list of statistical work approved by the Governor of Eesti Pank. The ECB 

understands that the monetary and financal statistical work of Eesti Pank is covered by the concept 

of ‘economic statistics’.  

3.  Statistical principles and independence of the NSI 

3.1  The draft law provides that national statistics  must be produced in accordance with the  statistical 

principles and quality criteria set out in Regulation (EC) No 223/2009 or in the legal instruments on 

statistics regulating the ECB’s activities. In addition, the ECB notes that the recent amendment of 

Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical 
information by the European Central Bank3 introduces a list of statistical principles governing the 

production of European Statistics by the ESCB. These principles are similar to those laid down in 

Regulation  223/2009  and  are  defined  and  published  by  the  ECB  on  its  website  as  a  public 

commitment concerning European statistics produced by the ESCB.  

3.2  Related to the above principles, according to Article 2 of Regulation (EC) No 223/2009, statistics 

must be developed, produced and disseminated in an independent manner, free from any pressures 

from  national  authorities.  The  ECB  notes  the  declaration  in  the  draft  law  that  the  NSI  is 

professionally independent. However, several provisions of the draft law indicate that the Ministry 

of Finance has extensive powers to interfere in the production of national statistics. In general, the 

ECB  stresses  the  importance  of  securing  the  independence  of  the  NSI  as  this  is  of  particular 

importance for statistics required for assessing convergence and for the smooth functioning of the 

EMU framework following the adoption of euro. 

3  

OJ  L  318,  27.11.1998,  p.  8  as  amended  by  Council  Regulation  (EC)  No 951/2009  of  9 October  2009  amending 
Regulation  (EC)  No  2533/98  concerning  the  collection  of  statistical  information  by  the  European  Central  Bank 
(OJ L 269, 14.10.2009, p. 1). 

2 

 
 
                                                 
4. 

Confidential data 

Article 35(3) of the draft law provides that confidential data which allow direct or indirect identification 

can  be  disseminated  to  another  producer  of  national  statistics  as  well  as  to  Eurostat  and  the  ECB  in 

accordance  with  their  respective  spheres  of  competence.  However,  in  order  to  ensure  an  efficient 

collection, compilation and dissemination of European Statistics, the ECB would find it useful to extend 

the  scope  of  the  exchange  of  confidential  data  to  cover  all  authorities  belonging  to  the  European 

Statistical System and to ESCB members and not restricting it only to the ECB and Eurostat. This would 
be in line with the recent amendments to the statistical regulations4. 

This opinion will be published on the ECB’s website. 

Done at Frankfurt am Main, 6 January 2010. 

[signed] 

The President of the ECB 

Jean-Claude TRICHET 

4  

Regulation (EC) No 223/2009 and Regulation (EC) No 951/2009. 

3