2011/11/EU: Decision of the European Central Bank of 27 December 2010 on the transmission of confidential data under the common framework for business registers for statistical purposes (ECB/2010/33)

11.1.2011 EN Official Journal of the European Union L 6/37
DECISION OF THE EUROPEAN CENTRAL BANK
of 27 December 2010
on the transmission of confidential data under the common framework for business registers for statistical purposes
(ECB/2010/33)
(2011/11/EU)
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK
,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’), and in particular Article 5 thereof,
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 12 thereof,
Having regard to Commission Regulation (EC) No 192/2009 of 11 March 2009 implementing Regulation (EC) No 177/2008 of the European Parliament and of the Council establishing a common framework for business registers for statistical purposes, as regards the exchange of confidential data between the Commission (Eurostat) and Member States (2),
Having regard to Commission Regulation (EU) No 1097/2010 of 26 November 2010 implementing Regulation (EC) No 177/2008 of the European Parliament and of the Council establishing a common framework for business registers for statistical purposes, as regards the exchange of confidential data between the Commission (Eurostat) and central banks (3),
Having regard to Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank (4), and in particular to Article 8a(2), (3) and (5) and Article 8b thereof,
Having regard to the contribution of the General Council, pursuant to the first indent of Article 46.2 of the Statute of the ESCB,
Whereas:
(1) Regulation (EC) No 177/2008 establishes a new common framework for business registers of the multinational enterprise groups’ data exclusively for statistical purposes in order to maintain the development of business registers in a harmonised framework.
(2) An exchange of confidential data between the Commission and national central banks of the Member States whose currency is the euro (hereinafter the ‘NCBs’), and between the Commission and the European Central Bank (ECB), should contribute to ensuring the quality of multinational enterprise group information in the Union.
(3) In order to establish the format, security and confidentiality measures and procedures concerning the data transmitted from the Commission to the NCBs and the ECB, the Commission has adopted Regulation (EU) No 1097/2010 implementing Regulation (EC) No 177/2008.
(4) In view of the separate governance structures of the European System of Central Banks and the European Statistical System (ESS), it is necessary to define the format, security and confidentiality measures, and procedures concerning the data that the ECB and NCBs receive from the Commission and the data transmitted from the NCBs to the national statistical institutes and other national authorities which participate in the ESS as defined in 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 (5).
(5) The provisions of this Decision may be extended to apply to the central banks of Member States whose currency is not the euro by means of an agreement between those central banks and the ECB,