CELEX: 32009D0252
Language: en
Date: 2009-03-11 00:00:00
Title: 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

21.3.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 75/11
            
         
      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,
   Having regard to the Treaty establishing the European Community,
   Having regard to Regulation (EC) No 177/2008 of the European Parliament and of the Council of 20 February 2008 establishing a common framework for business registers for statistical purposes and repealing Council Regulation (EEC) No 2186/93 (1), and in particular Article 14 thereof,
   Having regard to the requests made by 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,
   Whereas:
   
               (1)
            
            
               Regulation (EC) No 177/2008 established a new common framework for business registers exclusively for statistical purposes in order to maintain the development of business registers in a harmonised framework.
            
         
               (2)
            
            
               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 exceed 25 March 2010. For agriculture, forestry and fishing, public administration and defence, and compulsory social security, and for the additional characteristics 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.
            
         
               (3)
            
            
               Some Member States have requested such derogations to be granted.
            
         
               (4)
            
            
               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,
            
         HAS ADOPTED THIS DECISION:
   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.
   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
         
      
   
   
      (1)  OJ L 61, 5.3.2008, p. 6.
   
      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 administration and defence, and compulsory social security
               
               
                  31 December 2012
               
            
                  Estonia
               
               
                  Characteristic 1.12a
               
               
                  25 March 2010
               
            
                  Ireland
               
               
                  Full derogation
               
               
                  31 December 2008
               
            
                  Characteristic 1.3
               
               
                  31 December 2009
               
            
                  Characteristic 3.11
                  Coverage of enterprise groups not belonging to the largest MNEs transmitted by Eurostat
               
               
                  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 administration 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
               
               
                  25 March 2010
               
            
                  Agriculture, forestry and fishing, public administration and defence, and compulsory social security, and the additional characteristics relating to enterprise groups
               
               
                  25 March 2013
               
            
                  France
               
               
                  Agriculture, forestry and fishing
               
               
                  30 June 2012
               
            
                  Latvia
               
               
                  Multinational enterprise groups and their characteristics
               
               
                  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 characteristics
               
               
                  25 March 2010
               
            
                  The additional characteristics relating to enterprise groups
               
               
                  25 March 2013
               
            
                  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 administration 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
               
               
                  25 March 2010
               
            
                  The additional characteristics relating to enterprise groups
               
               
                  25 March 2013
               
            
                  Netherlands
               
               
                  Characteristics 1.12a, 1.13a, 3.11, 4.4, 4.11, 4.12a and 4.13a
               
               
                  25 March 2010
               
            
                  Agriculture, forestry and fishing, public administration and defence, and compulsory social security, and the additional characteristics relating to enterprise groups
               
               
                  25 March 2013
               
            
                  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
               
               
                  25 March 2010
               
            
                  Agriculture, forestry and fishing
               
               
                  31 December 2011
               
            
                  Local units and their characteristics in public administration and defence and in compulsory social security
               
               
                  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 relating to enterprise groups
               
               
                  30 June 2009