Opinion of the European Central Bank of 12 March 2021 on the auditing of data from multinational enterprise groups to ensure the quality of national accounts and economic statistics (CON/2021/10)
Date: 2021-03-12
Institutions: European Central Bank
Subjects: statistics

EN 

ECB-PUBLIC 

OPINION OF THE EUROPEAN CENTRAL BANK 

of 12 March 2021  

on the auditing of data from multinational enterprise groups to ensure the quality of national 

accounts and economic statistics 

(CON/2021/10) 

Introduction and legal basis 

On  10  February  2021  the  European  Central  Bank  (ECB)  received  a  request  from  the  German  Federal 

Ministry for Economy and Energy for an opinion on a draft law on the auditing of data from multinational 

enterprise groups to ensure the quality of national accounts and economic statistics (the ‘draft law’). The 

draft law is part of an omnibus law which also includes a draft law on external trade statistics. 

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/EC1,  as  the  draft  law  relates  to  Deutsche  Bundesbank  and  balance  of  payment  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. 

The purpose of the provisions of the draft law  

1.1  The draft law forms part of the omnibus law which aims at harmonising national law with Regulation 

(EU) 2019/2152 of the European Parliament and of the Council2. The purpose of the draft law is to 

ensure the quality of national accounts and economic statistics and that the activities of multinational 

enterprise groups  are  accurately recorded in German and  European statistics. The  draft  law also 

aims to improve the regulation of the mutual exchange of micro data relevant for the German balance 

of  payments  statistics  compiled  by  Deutsche  Bundesbank  and  for  the  national  accounts  and 

economic statistics compiled by the Statistisches Bundesamt (the Federal Statistical Office).  

1.2  Under the draft law, Deutsche Bundesbank transmits to the Statistisches Bundesamt individual data 

for the compilation of its statistics upon request3. The draft law also provides that the Statistisches 

Bundesamt  and  the  statistical  offices  of  the  federal  states  may  exchange  data  with  Deutsche 

Bundesbank in order to clarify any inconsistencies in the relevant data records. It stipulates that such 

data must be processed by organisational units of Deutsche Bundesbank which are separate from 

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Council Decision 98/415/EC of 29 June 1998 on the consultation of the European Central Bank by national authorities 
regarding draft legislative provisions (OJ L 189, 3.7.1998, p. 42). 

Regulation  (EU)  2019/2152  of  the  European  Parliament  and  of  the  Council  of  27  November  2019  on  European 
business statistics, repealing 10 legal acts in the field of business statistics (OJ L 327, 17.12.2019, p. 1). See also 
Opinion CON/2018/1. All ECB opinions are available on EUR-Lex. 

Section 3 of the draft law. 

 
 
 
 
 
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other areas of responsibility of Deutsche Bundesbank in terms of physical location, organisation and 

staff.  

1.3  The draft law also requires cooperation between the Statistisches Bundesamt, the statistical offices 

of  the  federal  states  and  Deutsche  Bundesbank  to  ensure  the  quality  of  national  accounts  and 

economic  statistics 4.  In  particular,  in  view  of  the  need  to  survey  the  decision-making  unit  of  a 

multinational  enterprise  group,  the  Statistisches  Bundesamt  must  cooperate  with  Deutsche 

Bundesbank  in  order  to  clarify  any  inconsistencies  related  to  the  balance  of  payments  statistics5. 

Under the draft law, the Statistisches Bundesamt must transmit data received in the context of such 

surveys to Deutsche Bundesbank that relate to Deutsche Bundesbank’s data records.  

1.4  The draft law stipulates that the Statistisches Bundesamt may also transmit data to national statistical 

authorities of the Member States and to members of the European System of Central Banks (ESCB), 

to the extent necessary to check and ensure the quality of the treatment of multinational enterprise 

groups in the national accounts and external economic statistics of Member States in accordance 

with Union law6. The draft law also clarifies that any transmission of data deriving from Deutsche 

Bundesbank  requires  that  Deutsche  Bundesbank  grants  prior  consent  to  such  transmission  in 

accordance with Article 8a of Council Regulation (EC) No 2533/987. 

2. 

The purpose of the provisions of the omnibus law on external trade statistics 

The omnibus law contains in the draft law on external trade statistics a provision dealing with the exchange 

of data between Deutsche Bundesbank and the Statistisches Bundesamt on external trade statistics and 

balance  of  payments 8.  It  obliges  Deutsche  Bundesbank  and  the  Statistisches  Bundesamt  to  exchange 

individual data and stipulates that such statistical information must be used solely for statistical purposes 

and must be accessible only to individuals who deal with statistical matters within their specific field of work, 

which  is  separate  from  other  areas  of  responsibility  of  the  Deutsche  Bundesbank  in  terms  of  physical 

location, organisation and staff. 

3. 

General observations 

3.1  The ECB welcomes the draft law and the draft law on external trade statistics which regulate data 

exchange with Deutsche Bundesbank. Moreover, the ECB welcomes the provisions of the draft law 

which  deal  with  the  transmission  of  statistical  information  to  members  of  the  ESCB  to  the  extent 

necessary to check and ensure the quality of the treatment of multinational enterprise groups in the 

national accounts and external economic statistics of the Member States of the EU in accordance 

with Union law. The regulation of this transmission of statistical information enhances legal certainty. 

The  ECB  also  notes  the  clarification  in  the  draft  law  that  any  transmission  of  data  deriving  from 

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Section 1 of the draft law. 
Section 4 of the draft law. 

Section 5 of the draft law. 
Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European 
Central Bank (OJ L 318, 27.11.1998, p. 8). 

Section 16 of the draft law on external trade statistics.  

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Deutsche Bundesbank requires its prior consent in accordance with the directly applicable Article 8a 

of Regulation (EC) No 2533/98. 

3.2  Furthermore, the ECB welcomes the draft law in that it aims at improving the quality, consistency, 

harmonisation and compatibility of national and European statistics9. It is in the interest of the overall 

usability of statistics that their consistency is preserved by the cooperation of the relevant national 

statistical authorities involved, including national central banks, and by the  exchange  of statistical 

information  between  the  relevant  stakeholders.  The  contribution  of  the  draft  law  in  this  regard  is 

particularly  relevant  in  view  of  the  increasingly  globalised  economy  and  the  relevant  role  of 

multinational  enterprise  groups  in  economic  developments.  The  improved  data  quality  achieved 

through international exchange of statistical information will assist European and international efforts 

to meet the statistical challenges posed by globalisation.  

3.3  Multinational  enterprise  groups’  activities  may  have  a  considerable  impact  on  the  ESCB’s  tasks 

under the Treaty, namely defining and implementing monetary policy and contributing to the financial 

stability of the Union. The availability of high quality economic and financial statistics is crucial for the 

fulfilment of these tasks.  

3.4  Finally, the ECB notes that the processing or use of statistical information received under the draft 

law and the draft law on external trade statistics must be carried out by organisational units which 

are separate from other areas of responsibility of Deutsche Bundesbank in terms of physical location, 

organisation and staff10. The ECB understands that this requirement refers to the processing of the 

data received in a dedicated statistical unit to enable its use by the statistical systems to the extent 

legally feasible.  

This opinion will be published on EUR-Lex.  

Done at Frankfurt am Main, 12 March 2021. 

[signed] 

The President of the ECB 

Christine LAGARDE 

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10  

See Opinion CON/2018/1, paragraphs 1.1, 1.5 and 1.6. 

Section 3(6) of the draft law and Section 16(4) of the draft law on external trade statistics. 

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