REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the ‘Commitments on Confidence in Statistics’ by Member States as required by Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009
Date: 2018-07-05
Institutions: European Commission, Eurostat
Subjects: EU Member State, EU statistics, codification of EU law, confidentiality, data collection, data protection, disclosure of information, official statistics, professional secret

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   EUROPEAN COMMISSION  Brussels, 5.7.2018 COM(2018) 516 final  REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the ‘Commitments on Confidence in Statistics’ by Member States as required by Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009    
 
 
1. 

INTRODUCTION 

Regulation (EC) No 223/2009 on European statistics 

1.1. 
The legal basis of this report is Regulation (EC) No 223/2009 on European statistics1, and in 
particular Article 11(4) establishing that:  

‘The Commitments by Member States shall be monitored regularly by the Commission on the 
basis of annual reports sent by Member States and shall be updated as necessary. 

In  the  absence  of  the  publication  of  a  Commitment  by  9  June  2017,  a  Member  State  shall 
submit  to  the  Commission  and  make  public  a  progress  report  on  the  implementation  of  the 
Code of Practice and, where applicable, on the efforts undertaken towards the establishment 
of  a  Commitment.  Those  progress  reports  shall  be  updated  periodically,  at  least  every  two 
years following their initial publication. 

The Commission shall report to the European Parliament and the Council on the published 
Commitments and, where appropriate, progress reports, by 9 June 2018 and every two years 
thereafter.’ 

This report is the first one to have been drawn up in accordance with the above provision. 

1.2. 

Historical background 

(a) 

European Statistics Code of Practice 

The  European  Statistics  Code  of  Practice2  sets  the  standard  for  developing,  producing  and 
disseminating  European  statistics.  It  builds  upon  a  common  European  Statistical  System 
(ESS)  definition  of  quality  in  statistics  and  covers  all  relevant  areas  of  the  institutional 
environment,  the  statistical  production  processes,  and  the  output  of  European  official 
statistics.  The  institutional  environment  is  the  most  relevant  area  in  the  context  of  the 
Commitment, as institutional and organisational factors significantly affect the effectiveness 
and credibility of a statistical authority in developing, producing and disseminating European 
statistics. 

The  European  Statistics  Code  of  Practice  was  endorsed  by  the  Statistical  Programme 
Committee  on  24  February  2005.  It  was  revised  by  the  European  Statistical  System 
Committee  (ESSC)  on  28 September 2011 and again on 16 November 2017. Together with 
the new version of the Code of Practice in 2011, the ESSC approved the Quality Assurance 
Framework. The latter provides guidance on how to implement the European Statistics Code 
of Practice. 

The  Code  is  the  backbone  of  the  ESS  common  quality  framework,  and  ESS  statistical 
authorities  have  committed  themselves  to  abiding  by  it.  Systematic  peer  reviews  have  been 
introduced to review compliance with the Code, and progress is monitored in annual reports 
to the ESSC. The importance of compliance with the Code of Practice was further underlined 
when the ESSC adopted the Quality Declaration in September 2016. 

Eurostat  monitors  compliance  with  the  European  Statistics  Code  of  Practice  through  peer 
reviews.  A  first  round  of  reviews  were  conducted  between  2006  and  2008  to  assess  the 

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Regulation (EC) No 223/2009 on European statistics of the European Parliament and of the Council of 
11 March 2009 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). 
http://ec.europa.eu/eurostat/web/products-manuals-and-guidelines/-/KS-32-11-955  

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compliance  of  the  National  Statistical  Institute  (NSI)  with  Principles  1  to  6  and  15  of  the 
Code. A second round of peer reviews followed between 2013 and 2015, covering all 15 of 
the  Code’s  principles  and  both  NSIs  and  other  national  statistical  authorities.  Eurostat  will 
continue  to  monitor  the  improvement  measures  resulting  from  this  second  round  each  year 
until  the  end  of  2019,  by  which  time  all  the  measures  concerned  should  have  been 
implemented.  Eurostat,  which  is  subject  to  parallel  monitoring  by  the  European  Statistics 
Governance Advisory Board (ESGAB), was also reviewed in the course of both rounds. 

The Commission (Eurostat) draws up yearly monitoring reports on NSI compliance with the 
Code of Practice. The ESGAB’s annual report covers progress within the European Statistical 
System as a whole, and in Eurostat in particular. The results of the annual monitoring exercise 
are part of the overall assessment of EU statistics presented to the autumn ECOFIN Council. 
In  20083,  and  again  in  20164,  the  Commission  reported  to  the  European Parliament  and  the 
Council  on  the  implementation  of  the  European  Statistics  Code  of  Practice  and  on 
coordination within the ESS. 

(b) 

Commitment on Confidence in Statistics 

The  Commission  presented  the  concept  of  Commitment  on  Confidence  in  Statistics 
(‘Commitment’)  for  the  first  time  in  a  communication  to  the  European  Parliament  and  the 
Council  entitled  ‘Towards  robust  quality  management  for  European  Statistics’,  dated 
15 April 20115. The Commitments were intended as a means to involve national governments 
in responsibility for the level of a country's compliance with the European Statistics Code of 
Practice,  thus  establishing  a  link  between  the  Code  and  governments  that  was  previously 
missing.  The  added  value  of  the  Commitments  was  indeed  to  ensure  a  link  with  the 
government, thus typically the institutional aspects of the statistical principles of the Code of 
Practice  that  were  outside  the  control  of  the  statistical  authorities  themselves.  The 
Commission also suggested in that Communication that the legal framework, Regulation (EC) 
No 223/2009, should be revised, and the concept of Commitments introduced into it, as one of 
a number of measures to strengthen public trust in European statistics. The Council supported 
the intention to introduce Commitments and to revise Regulation (EC) No 223/2009. 

Before  adopting  the  proposal  to  amend  Regulation  (EC)  No  223/2009,  the  Commission 
involved Member States extensively in discussions on the possible form of the Commitments. 
The  proposal’s  explanatory  memorandum  refers  to  the  2011  Communication,  and  proposes 
that Commitments ‘be established in order to make national governments aware of their role 
in,  and  co-responsibility  for,  ensuring  the  credibility  of  official  statistics  by  respecting  the 
independence of NSIs.’ 

In 2015, the Commission (Eurostat) and the Member States continued discussions within the 
ESS, aiming to ensure the effectiveness and efficiency of the tools and enablers referred to in 
Regulation (EC) No 223/2009, such as the Commitments on Confidence in Statistics. 

According  to  Article  11(3)  of  Regulation  (EC)  No  223/2009,  the  Commitments  are 
instruments that ‘shall further aim to ensure public trust in European statistics and progress in 
the  implementation  of  the  statistical  principles  contained  in  the  Code  of  Practice’,  to  be 
established  by  both  Member  States  and  the  Commission.    Recital  17  of  the  amending 

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COM (2008) 621 final of 7.10.2008: 2008 Report from the Commission to the European Parliament and 
the Council on implementation of the Code of Practice.    
COM (2016) 114 final of 7.3.2016: Report from the Commission to the European Parliament and the 
Council on the implementation of the European Statistics Code of Practice and coordination within the 
European Statistical System. 
COM (2011) 211. 

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Regulation,  (EU)  No  2015/7596,  also  states  that  the  Commitments  ‘should  include  specific 
undertakings by the government of that Member State to improve or maintain the conditions 
for the implementation of the Code of Practice’. 

2. 

OVERVIEW  OF  COMMITMENTS  ON  CONFIDENCE  AND  REPORTS  BY  MEMBER 
STATES 

2.1. 

Form of the Commitment 

According to Article 11 of Regulation (EC) No 223/2009, Member States must establish and 
publish  a  Commitment  on  Confidence  in  Statistics,  or  at  least  send  to  the  Commission  and 
publish a progress report on the implementation of the Code of Practice and the efforts made 
to  establish  a  Commitment.  As  the  Regulation  contains  no  rules  about  the  form  of  the 
Commitment,  Member  States  are  free  to  choose  between  different  options,  as  long  as  the 
objective  of  raising  public  trust  through  a  governmental  commitment  to  provide  the 
conditions for high-quality statistics is achieved. 

Subject  to  this  condition,  the  concept  of  Commitments  on Confidence  in  Statistics can  be a 
very useful tool, regardless of whether a Member State opts for a ‘stand-alone’ Commitment, 
explains  where  the  Commitment  can  be  found  in  national  law,  or  sends  a  progress  report. 
Each of these options may meet the objective of raising government awareness of the Code of 
Practice and the importance of independent statistics.  

As regards the approach they take to the form  of the Commitment, Member States  fall  into 
two main groups: those which have established ‘stand-alone’ Commitments, and those which 
have  declared  that  certain  of  their  items  of  legislation  constitute  the  Commitment.  Some 
countries  in  the  second  group  have  stated  that  they  do  not  intend  to  make  ‘stand-alone’ 
Commitment, while others have indicated that they still intend to do so. 

2.2. 

‘Stand-alone’ Commitments on Confidence 

To  date,  the  following  ‘stand-alone’  Commitments  on  Confidence,  listed  in  chronological 
order, have been published in the following Member States: 

even  before 

the  Commission  had 

in  Statistics7  was  signed  on 
Greece:  The  Greek  Commitment  on  Confidence 
29 February 2012 by the Greek Prime Minister and the Member of the European Commission 
responsible for taxation and customs union, audit and anti-fraud. It was the first Commitment, 
amend 
issued 
Regulation (EC) No 223/2009.  The  Greek  Commitment  is  also  special  because  it  is 
countersigned  by  a  Member  of  the  European  Commission.  It  contains  solemn  commitments 
by the government, combined with concrete measures, in particular as regards amendments to 
the Statistical Law, appended in an annex. The Greek government reports to the Commission 
(Eurostat) on the implementation of these measures. 
Sweden:  The  Commitment  on  Confidence  in  Statistics8  was  presented  in  the  Swedish 
Government’s  budget  bill  for  2017.  Subsequently,  it  was  also  published  on  the  Swedish 

its  proposal 

adopted 

to 

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Regulation (EU) 2015/759 of the European Parliament and of the Council of 29 April 2015 amending 
Regulation (EC) No 223/2009 on European statistics (OJ L 123,19.5.2015, p. 90). 
http://www.statistics.gr/documents/20181/c5b9264e-815e-4f74-9955-467d14cad474  (Available  only  in 
English). 
http://www.scb.se/contentassets/bbe78b2a144143c7955b165f76fb4d52/regeringens-atagande-om-att-skapa-
fortroende-for-statistiken.pdf 
sverige/regeringens-atagande-om-att-skapa-fortroende-for-statistiken/ (Available only in Swedish).  
the  Official  Statistics  of  Sweden–  Annual 
See 
http://www.scb.se/contentassets/fd60f41a3abc4d2c8a791e425357ba5b/ov9999_2017a01_br_x43br1802.pdf 
(Description of commitment in English). 

http://www.scb.se/om-scb/samordning-av-europeisk-statistik-i-

also  pages  28 

and  29  of 

report  2017 

and 

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statistical institute’s website. In the Bill, the Government describes its commitment to creating 
confidence in statistics and lists the measures it is taking to improve the coordination of the 
statistical  system  and  quality  follow-up.  The  bill  also  clarified  Statistics  Sweden's 
responsibility for coordination, and introduced quality control measures to be implemented. 
Slovenia: The Government of Slovenia adopted the Commitment on Confidence in Statistics9 
on 5 January 2017. It was subsequently published, together with the corresponding citizen's 
summary, on the website of the Slovenian statistical institute. The Commitment is based on 
the fact that in  Slovenia, the appropriate institutional environment for implementing  official 
statistics is provided by implementing the principles of professional independence, adequacy 
of  resources,  a  mandate  for  data  collection,  statistical  confidentiality,  impartiality  and 
objectivity, as set out in the National Statistics Act.  
Ireland: The Irish Commitment on Confidence in Statistics10 was adopted by the Government 
of Ireland on 30 May 2017 and subsequently published on the website of the Irish statistical 
institute.  Referring  to  Regulation  (EC)  No  223/2009  and  the  national  statistical  act,  the 
Government  of  Ireland  acknowledges  the  importance  of  independent,  objective  and  reliable 
statistics  as  a  public  good,  recognises  the  role  of  official  statistics  in  informing  effective 
debate and decision making across government, business and society, and values the role of 
the National Statistics Board in giving strategic direction to the Irish Statistical System. 
Belgium: On 31 May 2017, the Belgian Commitment on Confidence11 was approved by the 
Consultation  Committee,  and  subsequently  published  on  the  website  of  the  Belgian  federal 
statistical  institute.  With  their  Commitment  on  Confidence  in  Statistics,  the  Federal 
Government and the governments of the Regions and Communities committed themselves to 
doing everything in their power to guarantee the fundamental principles and the high quality 
of public statistics. 

Romania:  The  Romanian  Commitment  on  Confidence  was  adopted  by  the  Romanian 
Government at its meeting of 9 June 201712. It includes a firm commitment by the Romanian 
Government to guarantee and defend the professional independence of the National Institute 
of Statistics and other official statistics producers and to guarantee the right and the obligation 
of  the  President  of  the  National  Institute  of  Statistics  to  carry  out  the  professional  and 
managerial tasks associated with producing national official statistics. 

Malta:  For  the  Maltese  Government,  the  Prime  Minister  signed  the  Commitment  on 
Confidence  in  Statistics  on  17  May  201813.  The  Government  of  Malta  recognized  that 
European statistics are developed, produced and disseminated in line with the principles laid 
down in Article 338 of the Treaty on the Functioning of the European Union, Regulation (EC) 
No  223/2009  and  valued  the  roles  of  the  Malta  Statistics  Authority  Board  and  the  National 
Statistics  Office  in  providing  strategic  direction  and  further  development  to  the  Maltese 
Statistical System. Furthermore, it committed itself to continue to guarantee the professional 
independence  of  the  National  Statistics  Office  of  Malta,  to  support  it  in  maintaining  or 
improving  the  conditions  for  the  implementation  of  the  Code  and  to  provide  conditions  for 

9 
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12  

13  

http://www.stat.si/StatWeb/en/News/Index/6458 (Available only in English and Slovenian). 
http://cso.ie/en/media/csoie/aboutus/documents/CoCS.pdf (Available only in English).  
https://statbel.fgov.be/en/about-statbel/quality/commitment-confidence  (Available  only  in  English, 
French, German and Dutch).  
http://www.insse.ro/cms/files/eurostat/angajament_de_sprijinirea_credibilitatii_statisticii_oficiale_nationale.pdf 
(Available only in Romanian). 
https://nso.gov.mt/en/nso/Pages/Commitment-on-Confidence.aspx and 
https://msa.gov.mt/en/public_information/Pages/Commitment-on-Confidence.aspx (Available only in 
English).  

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access by the National Statistics Office to data from administrative and other sources, towards 
developing  and  producing  high-quality  statistics  in  all  domains  and,  at  the  same  time, 
reducing the burden on respondent individuals, households and enterprises. 
The  established  ‘stand-alone’  Commitments  vary  considerably  in  form,  content  and  length. 
This  is  fully  consistent  with  the  objective  of  taking  into  account  the  specific  features  of 
national  statistical  systems.  What  can  also  be  seen  is  that  while  showing  this  variety,  the 
existing Commitments have taken inspiration from previous ones as well as the two possible 
templates suggested by the Commission (Eurostat) in 2012. 

One  templated  element  is  a  commitment  to  re-establish  the  'Commitment  on  Confidence  in 
Statistics', if any relevant needs for improvement are identified. 

It is noteworthy in this context that two candidate countries, Albania and Montenegro, have 
recently  established  ‘stand-alone’  Commitments  on  Confidence,  which  shows  that  such 
commitments are recognised as best practice beyond the European Union’s current borders. 

2.3. 

National laws constituting the Commitment 

Fifteen Member States have declared in their reporting that certain items of their legislation 
go to make up the Commitment on Confidence in Statistics. Some have therefore announced 
that  they  will  not  be  establishing  a  ‘stand-alone’  Commitment.  The  large  majority  of  these 
fifteen Member States have clearly indicated the specific articles that form their Commitment 
and provided additional explanations. 

This option of establishing a Commitment is viable too, provided that certain conditions are 
met.  Most  importantly,  the  legislation  in  question  must  cover  the  political  element  of  the 
Commitment, as best described in Recital 17 of the amending Regulation (EC) No 2015/759. 

Recital  17  explains  the  underlying  justifications  for  introducing  the  Commitments  in 
Regulation  (EC)  No  223/2009  and  provides  further  guidance  on  their  establishment  and 
contents. It spells out the need to include a political element in the Commitment (‘…specific 
undertakings  by  the  government  of  that  Member  State…’).  A  decree-law  adopted  by  the 
government may provide enough of a political element in itself, whereas a national statistical 
law adopted by Parliament might not be sufficient.  

In its dialogue with Member States that have chosen this option, the Commission has noticed 
that governments have become significantly more aware of the responsibility they bear for the 
quality  of  statistics  since  the  introduction  of  a  legal  obligation  to  make  a  Commitment  on 
Confidence. This can be deduced from the reported discussions on the Commitment between 
the national statistical institute and the government in the Member States concerned. 

In pursuing the dialogue, the Commission will assess whether the relevant legal provisions are 
appropriate for improving or maintaining the conditions for the implementation of the Code of 
Practice. Aspects to consider in this context are whether the provisions state clearly that high-
quality  assurance  or  monitoring  frameworks  should  be  established,  and  whether  they  are 
effectively complemented by improvement measures and self-assessments. The procedure for 
adopting  the  legislation  concerned  may  also  play  a  role,  especially  if  it  makes  the  national 
government's support apparent.   

Another  important  aspect  is  that  a  Commitment  enshrined  in  legislation  should  have  added 
value over and above the law itself. Commitments are not meant to be mere promises to abide 
by the law, and such promises will not have the desired effect of maintaining public trust in 
European statistics. 

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2.4. 

Reports by Member States   

Article  11(4)  of  Regulation  (EC)  No  223/2009  states  that  the  Commission  must  monitor 
Member States’ Commitments regularly on the basis of annual reports sent by Member States 
and  updated  as  necessary.  If  no  Commitment  has  been  established  and  published  by 
9 June 2017, the Member State concerned must send the Commission a progress report on the 
implementation of the Code of Practice and, where applicable, on the efforts made to establish 
a Commitment. Such progress reports must be published and updated every two years. 

All  Member  States  have  reported  to  the  Commission  (Eurostat)  on  the  Commitment  in 
accordance  with  Article  11(4)  of  Regulation  (EC)  No  223/2009.  The  reports  of  the  six 
Member  States  that  have  neither  adopted  a  ‘stand-alone’  Commitment  nor  incorporated  a 
Commitment  into  their  legislation  mostly  leave  open  the  possibility  of  establishing  a 
Commitment in the future.  

The majority of Member States reported in parallel with their reporting on the implementation 
of  the  European  Statistics  Code  of  Practice  improvement  measures,  under  which  Member 
States report to the Commission (Eurostat) in January of each year about any action they have 
taken to follow up the peer review process. The relevant part of the peer review report must 
also be made public in order to serve as the progress report on the Commitment.  

(a) 

Developments most frequently reported by Member States 

Many Member States reported the insertion of specific articles on or about the Commitment 
into national statistical legislation. For instance, they included an explicit legal commitment to 
produce  and  disseminate  high-quality  official  statistics.  Others  reported  the  inclusion  of 
specific provisions on the status of the national statistician, statistical independence, and the 
coordinating role of the NSI regarding official statistics.  

The reports also listed the incorporation into law of a clear procedure to implement the Code 
of  Practice  in  the  system  for  official  statistics  and  of  a  commitment  that  the  production  of 
official  statistics  will  be  developed  in  accordance  with  the  European  Statistics  Code  of 
Practice, to maintain society's trust in official statistics.  

Some Member States reported that they were still in the process of revising the legislation on 
statistics  to  incorporate  provisions  reflecting  the  changes  stemming  from  the  revision  of 
Regulation (EC) No 223/2009, and notably the Commitments. 

(b) 

Examples which illustrate significant or typical developments 

As  a  detailed  description  of  Member  State  reports  is  beyond  the  scope  of  this  report,  the 
following examples can serve to illustrate significant or typical developments triggered by the 
Commitments (and possibly by other developments): 

Denmark:  A  revised  law  on  statistics  is  due  to  enter  into  force  on  1  July  2018.  It  includes 
specific provisions on the status of the national statistician, statistical independence, and the 
coordinating role of the NSI regarding official statistics. It also includes a clear procedure for 
implementing the Code of Practice in the official statistics system. 

Spain: A specific article on the Commitment was inserted into the law on the 2018 statistical 
programme,  which  makes  explicit  reference  to  the  quality  principles  of  Regulation 
(EC) No 223/2009  and  the  European  Statistics  Code  of  Practice  as  elements  needed  to 
maintain society's trust in statistics for state purposes. In addition, a citizen summary of the 
2018 programme has been published which contains a reference to the Commitment. 

Latvia: A new law on statistics came into force on 1 January 2016 which addressed several 
important principles from the Code of Practice. For instance, it reaffirmed and strengthened 

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the independence of the NSI, made compliance with the Code of Practice a legal obligation 
and  brought  changes  to  the  institutional  environment.  The  report  stresses  that  by  proposing 
the law based on its own right of initiative, the government expressed its political support for 
the principles of the Code of Practice. 

Lithuania:  A  draft  law  prepared  and  approved  by  the  government  on  10 January 2018 
establishes the principles of official statistics, such as professional independence, impartiality 
and  objectivity,  statistical  confidentiality  and  adequacy  of  resources,  referring  directly  to 
Regulation (EC) No 223/2009 and the European Statistics Code of Practice. It also stipulates 
very  clearly  that  the  Director-General  and  the  NSI  as  a  whole  must  enjoy  professional 
independence. 

Slovakia: The text of the ‘stand-alone’ Commitment on Confidence has been finalised for the 
consultation with the Government of Slovakia. 

3. 

SUMMARY AND OUTLOOK  

The introduction of the Commitments on Confidence as an instrument to ensure public trust in 
European statistics and support the implementation of the statistical principles set out in the 
Code of Practice has raised awareness among Member State governments of the importance 
of their contribution to maintaining and improving public trust in official statistics. 

All Member States have duly reported to the Commission on their activities and achievements 
concerning  the  Commitments.  While  seven  countries  have  already  established  ‘stand-alone’ 
Commitments,  fifteen  have  declared  which  pieces  of  legislation  form  their  government’s 
Commitment,  and  seven  have  sent  the  required  report.  For  those  Member  States  which 
reported  that  the  Commitment  on  Confidence  in  Statistics  is  established  in  the  national 
legislation, the Commission (Eurostat) will continue a dialogue about the necessary political 
element.  A  few  countries  have  also  reported  that  their  government  is  in  the  process  of 
establishing a ‘stand-alone’ Commitment. 

To sum up, the concept of Commitments on Confidence is widely acknowledged by Member 
States,  which  are  taking  the  necessary  steps  to  materialise  the  added  value  of  their 
Commitment by establishing or improving an institutional link between their government and 
the European Statistics Code of Practice. The resulting additional guarantees of high-quality 
official statistics can be expected to have the desired effect of strengthening public trust. 

Measures  to  maintain  and  enhance  public  confidence  in  European  statistics  will  remain 
essential in the future. The members of the ESS, in their mission to provide independent high-
quality information on the economy and society which is accessible to everyone, must interact 
with users in accordance with the principles of the European Statistics Code of Practice. The 
instrument of the Commitments on Confidence in Statistics, with the continued monitoring by 
the Commission (Eurostat), will contribute to the various efforts being made by the members 
of the ESS to  maintain  and improve public trust  in  official statistics. The Commitments are 
expected to continue to reassure the general public that national statistical institutes enjoy the 
full support of their governments in their efforts to provide high-quality statistics. 

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