CELEX: 32008R0747
Language: en
Date: 2008-07-30 00:00:00
Title: Commission Regulation (EC) No 747/2008 of 30 July 2008 amending Regulation (EC) No 716/2007 of the European Parliament and of the Council on Community statistics on the structure and activity of foreign affiliates, as regards the definitions of characteristics and the implementation of NACE Rev. 2 (Text with EEA relevance)

31.7.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 202/20
            
         
      COMMISSION REGULATION (EC) No 747/2008
   of 30 July 2008
   amending Regulation (EC) No 716/2007 of the European Parliament and of the Council on Community statistics on the structure and activity of foreign affiliates, as regards the definitions of characteristics and the implementation of NACE Rev. 2
   (Text with EEA relevance)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Regulation (EC) No 716/2007 of the European Parliament and of the Council of 20 June 2007 on Community statistics on the structure and activity of foreign affiliates (1), and in particular Article 9(2)(a) thereof,
   Whereas:
   
               (1)
            
            
               Regulation (EC) No 716/2007 established a common framework for the systematic production of Community statistics on the structure and activity of foreign affiliates.
            
         
               (2)
            
            
               It is necessary to adapt the definitions for the characteristics on research and development variables for the common module for inward statistics on foreign affiliates.
            
         
               (3)
            
            
               It is also necessary to adapt the activity breakdown levels following the adoption of Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 (2).
            
         
               (4)
            
            
               Regulation (EC) No 716/2007 should therefore be amended accordingly.
            
         
               (5)
            
            
               The measures provided for in this Regulation are in accordance with the opinion of the Statistical Programme Committee,
            
         HAS ADOPTED THIS REGULATION:
   Article 1
   Regulation (EC) No 716/2007 is amended as follows:
   
               1.
            
            
               Section 2 of Annex I is replaced by the text set out in Annex I to this Regulation.
            
         
               2.
            
            
               The table for the activity breakdown levels 1 and 2 referred to in Annex III is replaced by the table set out in Annex II to this Regulation.
            
         
               3.
            
            
               The table for the activity breakdown level 3 referred to in Annex III is replaced by the table set out in Annex III to this Regulation.
            
         Article 2
   Member States shall apply Annex III to Regulation (EC) No 716/2007 as amended by this Regulation:
   
               —
            
            
               as regards levels 1 and 2, from 1 January 2010 (for reference year 2010 and subsequent years),
            
         
               —
            
            
               as regards level 3, from 1 January 2008 (for reference year 2008 and subsequent years).
            
         Article 3
   This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
   
      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 30 July 2008.
      
         
            For the Commission
         
         Joaquín ALMUNIA
         
         
            Member of the Commission
         
      
   
   
      (1)  OJ L 171, 29.6.2007, p. 17.
   
      (2)  OJ L 393, 30.12.2006, p. 1. Regulation as amended by Regulation (EC) No 295/2008 (OJ L 97, 9.4.2008, p. 13).
   
      ANNEX I
      
         ‘SECTION 2
         Characteristics
         The following characteristics as defined in the Annex to Commission Regulation (EC) No 2700/98 of 17 December 1998 concerning the definitions of characteristics for structural business statistics (1) will be compiled:
         
                     Code
                  
                  
                     Title
                  
               
                     11 11 0
                  
                  
                     Number of enterprises
                  
               
                     12 11 0
                  
                  
                     Turnover
                  
               
                     12 12 0
                  
                  
                     Production value
                  
               
                     12 15 0
                  
                  
                     Value added at factor cost
                  
               
                     13 11 0
                  
                  
                     Total purchases of goods and services
                  
               
                     13 12 0
                  
                  
                     Purchases of goods and services purchased for resale in the same condition as received
                  
               
                     13 31 0
                  
                  
                     Personnel costs
                  
               
                     15 11 0
                  
                  
                     Gross investment in tangible goods
                  
               
                     16 11 0
                  
                  
                     Number of persons employed
                  
               The following characteristics will also be compiled by Member States for the 2009 reference year and subsequent years:
         
                     Code
                  
                  
                     Title and definition
                  
               
                     22 11 0
                  
                  
                     Total intramural R&D expenditure (2)
                     
                     Research and experimental development comprise creative work undertaken on a systematic basis in order to increase the stock of knowledge, including of man, culture and society, and the use of this stock of knowledge to devise new applications.
                     Intramural expenditures are all expenditures for R&D (research and development) performed within the unit, regardless of the source of funds.
                     R&D must be distinguished from expenditures for a wide range of related activities. The following are therefore excluded from R&D expenditure:
                     
                                 —
                              
                              
                                 expenditures on education and training,
                              
                           
                                 —
                              
                              
                                 expenditures on other scientific and technological activities (e.g. information services, testing and standardisation, feasibility studies),
                              
                           
                                 —
                              
                              
                                 expenditures on other industrial activities (e.g. industrial innovations n.e.s.),
                              
                           
                                 —
                              
                              
                                 expenditures on purely financing activities (other administrations and other indirect supporting activities are included).
                              
                           Research and development expenditure may, depending upon national laws, be recorded in one of three places: movements in intangible assets, movements in tangible assets or operating expenditure.
                     If under national law it may be partly or completely capitalised the expenditure is included in the movement of the intangible assets included in company accounts under Fixed assets — intangible assets — costs of research and development.
                     If under national law it is only partially capitalised or not capitalised at all, the current expenditure is part of Raw materials and consumables, other external charges, staff costs and other operating charges and the capital expenditure is included in the movement of the tangible assets included in company accounts under Fixed assets — tangible assets.
                  
               
                     22 12 0
                  
                  
                     Total number of R&D personnel (2)
                     
                     Research and experimental development comprise creative work undertaken on a systematic basis in order to increase the stock of knowledge, including knowledge of man, culture and society, and the use of this stock of knowledge to devise new applications.
                     All persons employed directly on research & development (R&D) should be counted, as well as those providing direct services such as R&D managers, administrators and clerical staff. Those persons providing an indirect service, such as canteen and security staff, should be excluded, even though their wages and salaries are included as an overhead in the measurement of expenditure.
                     R&D personnel must be distinguished from personnel for a wide range of related activities. The following are therefore excluded from R&D personnel:
                     
                                 —
                              
                              
                                 Personnel employed on education and training,
                              
                           
                                 —
                              
                              
                                 Personnel employed on other scientific and technological activities (e.g. information services, testing and standardisation, feasibility studies),
                              
                           
                                 —
                              
                              
                                 Personnel employed on other industrial activities (e.g. industrial innovations n.e.s.),
                              
                           
                                 —
                              
                              
                                 Personnel employed on administration and other indirect supporting activities.
                              
                           Link to company accounts
                     The total number of research and development personnel may not be isolated in company accounts. It is part of the number of persons employed which is recorded in the notes on the company accounts (Article 43(8)).
                     Link to other variables
                     Part of the number of persons employed (16 11 0).
                  
               If the number of persons employed is not available, the number of employees (code 16 13 0) will be compiled instead.
         Characteristics “total intramural R&D expenditure” (code 22 11 0) and “total number of R&D personnel” (code 22 12 0) are only required to be compiled for activities in NACE sections B, C, D, E and F. Up to reference year 2009, Member States will compile these characteristics as defined in the Annex to Commission Regulation (EC) No 2700/98 of 17 December 1998.
         For NACE section K only the number of enterprises, turnover (3) and the number of persons employed (or the number of employees instead) will be compiled.
      
      
         (1)  OJ L 344, 18.12.1998, p. 49. Regulation as last amended by Regulation (EC) No 1670/2003 (OJ L 244, 29.9.2003, p. 74).
      
         (2)  Variables 22 11 0 and 22 12 0 shall be reported every second year. If the total amount of turnover or the number of persons employed in a division of NACE Rev. 2 Sections B to F represents, in a Member State, less than 1 % of the Community total, the information necessary for the compilation of statistics relating to characteristics 22 11 0 and 22 12 0 need not be collated for the purposes of this Regulation.
      
         (3)  For NACE Rev. 2 division 64 turnover will be replaced by production value.’
   
   
      ANNEX II
      In Annex III to Regulation (EC) No 716/2007 the table for activity breakdown levels 1 and 2 is replaced by the following:
      
         ‘Activity breakdown levels 1 and 2 for outward statistics on foreign affiliates
         
                     Level 1
                  
                  
                     Level 2
                  
                  
                     NACE Rev. 2
                  
               
                     TOTAL ACTIVITY
                  
                  
                     TOTAL ACTIVITY
                  
                  
                     sec B to S (excluding O)
                  
               
                     MINING AND QUARRYING
                  
                  
                     MINING AND QUARRYING
                  
                  
                     sec B
                  
               
                     Extraction of crude petroleum, natural gas and mining support service activities
                  
                  
                     div 06, 09
                  
               
                     MANUFACTURING
                  
                  
                     MANUFACTURING
                  
                  
                     sec C
                  
               
                     Food products, beverages and tobacco products
                  
                  
                     div 10, 11, 12
                  
               
                     Total textiles and wood activities
                  
                  
                     div 13, 14, 16, 17, 18
                  
               
                     Textiles and wearing apparel
                  
                  
                     div 13, 14
                  
               
                     Wood, paper, printing and reproduction
                  
                  
                     div 16, 17, 18
                  
               
                     Petroleum, chemicals, pharmaceutical products, rubber and plastic products
                  
                  
                     Total petroleum, chemicals, pharmaceutical products, rubber and plastic products
                  
                  
                     div 19, 20, 21, 22
                  
               
                     Coke and refined petroleum products
                  
                  
                     div 19
                  
               
                     Chemicals and chemical products
                  
                  
                     div 20
                  
               
                     Rubber and plastic products
                  
                  
                     div 22
                  
               
                     Total metal and machinery products
                  
                  
                     div 24, 25, 26, 28
                  
               
                     Basic metals and fabricated metal products
                  
                  
                     div 24, 25
                  
               
                     Computer, electronic and optical products
                  
                  
                     Computer, electronic and optical products
                  
                  
                     div 26
                  
               
                     Machinery and equipment n.e.c.
                  
                  
                     div 28
                  
               
                     Vehicles, other transport equipment
                  
                  
                     Total vehicles and other transport equipment
                  
                  
                     div 29, 30
                  
               
                     Motor vehicles, trailers and semi trailers
                  
                  
                     div 29
                  
               
                     Other transport equipment
                  
                  
                     div 30
                  
               
                     Total of other manufacturing
                  
                  
                     div 15, 23, 27, 31, 32, 33
                  
               
                     ELECTRICITY, GAS, STEAM AND AIR CONDITIONING SUPPLY
                  
                  
                     ELECTRICITY, GAS, STEAM AND AIR CONDITIONING SUPPLY
                  
                  
                     sec D
                  
               
                     WATER SUPPLY; SEWERAGE, WASTE MANAGEMENT AND REMEDIATION ACTIVITIES
                  
                  
                     WATER SUPPLY; SEWERAGE, WASTE MANAGEMENT AND REMEDIATION ACTIVITIES
                  
                  
                     sec E
                  
               
                     Water collection, treatment and supply
                  
                  
                     div 36
                  
               
                     Sewerage, waste management, remediation activities
                  
                  
                     div 37, 38, 39
                  
               
                     CONSTRUCTION
                  
                  
                     CONSTRUCTION
                  
                  
                     sec F
                  
               
                     TOTAL SERVICES
                  
                  
                     TOTAL SERVICES
                  
                  
                     sec G, H, I, J, K, L, M, N, P, Q, R, S
                  
               
                     WHOLESALE AND RETAIL TRADE; REPAIR OF MOTOR VEHICLES AND MOTORCYCLES
                  
                  
                     WHOLESALE AND RETAIL TRADE; REPAIR OF MOTOR VEHICLES AND MOTORCYCLES
                  
                  
                     sec G
                  
               
                     Wholesale and retail trade and repair of motor vehicles and motorcycles
                  
                  
                     div 45
                  
               
                     Wholesale trade, except of motor vehicles and motorcycles
                  
                  
                     div 46
                  
               
                     Retail trade, except of motor vehicles and motorcycles
                  
                  
                     div 47
                  
               
                     TRANSPORTATION AND STORAGE
                  
                  
                     TRANSPORTATION AND STORAGE
                  
                  
                     sec H
                  
               
                     TOTAL transport and storage
                  
                  
                     div 49, 50, 51, 52
                  
               
                     Land transport and transport via pipelines
                  
                  
                     div 49
                  
               
                     Water transport
                  
                  
                     div 50
                  
               
                     Air transport
                  
                  
                     div 51
                  
               
                     Warehousing and support activities for transportation
                  
                  
                     div 52
                  
               
                     Postal and courier activities
                  
                  
                     div 53
                  
               
                     ACCOMMODATION AND FOOD SERVICE ACTIVITIES
                  
                  
                     ACCOMMODATION AND FOOD SERVICE ACTIVITIES
                  
                  
                     sec I
                  
               
                     INFORMATION AND COMMUNICATION
                  
                  
                     INFORMATION AND COMMUNICATION
                  
                  
                     sec J
                  
               
                     Motion picture, video, television programme production, other entertainment activities
                  
                  
                     div 59, 60
                  
               
                     Telecommunications
                  
                  
                     div 61
                  
               
                     Other information and communication activities
                  
                  
                     div 58, 62, 63
                  
               
                     FINANCIAL AND INSURANCE ACTIVITIES
                  
                  
                     FINANCIAL AND INSURANCE ACTIVITIES
                  
                  
                     sec K
                  
               
                     Financial intermediation, except insurance and pension funding
                  
                  
                     div 64
                  
               
                     
                                 —
                              
                              
                                 Activities of holding companies
                              
                           
                  
                     group 64.2
                  
               
                     Insurance, reinsurance and pension funding, except compulsory social security
                  
                  
                     div 65
                  
               
                     Other financial activities
                  
                  
                     div 66
                  
               
                     REAL ESTATE ACTIVITIES
                  
                  
                     sec L
                  
               
                     PROFESSIONAL, SCIENTIFIC AND TECHNICAL ACTIVITIES
                  
                  
                     PROFESSIONAL, SCIENTIFIC AND TECHNICAL ACTIVITIES
                  
                  
                     sec M
                  
               
                     Legal and accounting activities
                  
                  
                     div 69
                  
               
                     
                                 —
                              
                              
                                 Legal activities
                              
                           
                  
                     group 69.1
                  
               
                     
                                 —
                              
                              
                                 Accounting, bookkeeping and auditing activities; tax consultancy
                              
                           
                  
                     group 69.2
                  
               
                     Activities of head offices; management consultancy activities
                  
                  
                     div 70
                  
               
                     
                                 —
                              
                              
                                 Activities of head offices
                              
                           
                  
                     group 70.1
                  
               
                     
                                 —
                              
                              
                                 Management consultancy activities
                              
                           
                  
                     group 70.2
                  
               
                     Architecture and engineering activities; technical testing and analysis
                  
                  
                     div 71
                  
               
                     Scientific research and development
                  
                  
                     Scientific research and development
                  
                  
                     div 72
                  
               
                     Advertising and market research
                  
                  
                     div 73
                  
               
                     
                                 —
                              
                              
                                 Advertising
                              
                           
                  
                     group 73.1
                  
               
                     
                                 —
                              
                              
                                 Market research and public opinion polling
                              
                           
                  
                     group 73.2
                  
               
                     Other professional, scientific and technical activities, veterinary activities
                  
                  
                     div 74, 75
                  
               
                     ADMINISTRATIVE AND SUPPORT SERVICE ACTIVITIES
                  
                  
                     sec N
                  
               
                     Rental and leasing activities
                  
                  
                     div 77
                  
               
                     Other administrative and support service activities
                  
                  
                     div 78, 79, 80, 81, 82
                  
               
                     EDUCATION
                  
                  
                     sec P
                  
               
                     HUMAN HEALTH AND SOCIAL WORK ACTIVITIES
                  
                  
                     sec Q
                  
               
                     ARTS, ENTERTAINMENT AND RECREATION
                  
                  
                     ARTS, ENTERTAINMENT AND RECREATION
                  
                  
                     sec R
                  
               
                     Creative, arts and entertainment activities
                  
                  
                     div 90
                  
               
                     Libraries, archives, museums and other cultural activities
                  
                  
                     div 91
                  
               
                     Sporting and other recreational activities; gambling and betting activities
                  
                  
                     div 92, 93
                  
               
                     OTHER SERVICE ACTIVITIES
                  
                  
                     sec S
                  
               
                     Activities of membership organisations
                  
                  
                     div 94
                  
               
                     Repair of computers and personal and household goods, other personal service activities
                  
                  
                     div 95, 96
                  
               
                     Not allocated’
                  
                  
                      
                  
               
   
   
      ANNEX III
      In Annex III to Regulation (EC) No 716/2007 the table for activity breakdown level 3 is replaced by the following:
      
         ‘Activity breakdown level 3 for inward statistics on foreign affiliates
         
                     Level 3 (NACE Rev. 2)
                  
               
                     Heading
                  
                  
                     Requested level of detail
                  
               
                     Business Economy
                  
                  
                     Sections B to N excluding K
                  
               
                     MINING AND QUARRYING
                  
                  
                     Section B
                  
               
                     MANUFACTURING
                  
                  
                     Section C
                  
               
                     All divisions 10 to 33
                  
               
                     ELECTRICITY, GAS, STEAM AND AIR CONDITIONING SUPPLY
                  
                  
                     Section D
                  
               
                     Division 35
                  
               
                     WATER SUPPLY; SEWERAGE, WASTE MANAGEMENT AND REMEDIATION ACTIVITIES
                  
                  
                     Section E
                  
               
                     All divisions 36 to 39
                  
               
                     CONSTRUCTION
                  
                  
                     Section F
                  
               
                     All divisions 41 to 43
                  
               
                     All groups 41.1 and 41.2, 42.1 to 42.9, 43.1 to 43.9
                  
               
                     WHOLESALE AND RETAIL TRADE; REPAIR OF MOTOR VEHICLES AND MOTOCYCLES
                  
                  
                     Section G
                  
               
                     All divisions 45 to 47
                  
               
                     All groups 45.1 to 45.2, 46.1 to 46.9, 47.1 to 47.9
                  
               
                     TRANSPORTATION AND STORAGE
                  
                  
                     Section H
                  
               
                     All divisions 49 to 53
                  
               
                     Groups 49.1 to 49.5
                  
               
                     ACCOMMODATION AND FOOD SERVICES ACTIVITIES
                  
                  
                     Section I
                  
               
                     All divisions 55 to 56
                  
               
                     All groups 55.1 to 55.9, 56.1 to 56.3
                  
               
                     INFORMATION AND COMMUNICATION
                  
                  
                     Section J
                  
               
                     All divisions 58 to 63
                  
               
                     Groups 58.1, 58.2, 63.1, 63.9
                  
               
                     FINANCIAL AND INSURANCE ACTIVITIES
                  
                  
                     Section K
                  
               
                     All divisions 64 to 66
                  
               
                     REAL ESTATE ACTIVITIES
                  
                  
                     Section L
                  
               
                     Division 68
                  
               
                     PROFESSIONAL, SCIENTIFIC AND TECHNICAL ACTIVITIES
                  
                  
                     Section M
                  
               
                     All divisions 69 to 75
                  
               
                     ADMINISTRATIVE AND SUPPORT SERVICE ACTIVITIES
                  
                  
                     Section N
                  
               
                     All divisions 77 to 82
                  
               
                     Groups 77.1 to 77.4’