Article 1 General aims
1. The objective of this Regulation is to establish a common framework for the production of short-term Community statistics on the business cycle. 2. The statistics comprise information (variables) necessary to provide a uniform basis for the analysis of the short-term evolution of supply and demand, production factors and prices.
Article 2 Scope
1. This Regulation shall apply to all market activities in Sections B to N and P to S of the statistical classification of economic activities in the European Community (NACE Rev. 2). 2. Statistical units of the types listed in Section I of the Annex to Regulation (EEC) No 696/93 and classified under one of the activities referred to in paragraph 1 shall be included in the scope of this Regulation. The use of particular units for the compilation of statistics is specified in the Annexes to this Regulation.
Article 3 Annexes
1. The specific requirements for the variables are described in the Annexes. 2. The following information is laid down in each Annex where relevant: (a) the specific activities for which the statistics are to be compiled; (b) the types of statistical unit to be used for the compilation of the statistics; (c) the lists of variables; (d) the form of the variables; (e) the reference period of the variables; (f) the level of detail of the variables; (g) the deadlines for data transmission; (h) the list of voluntary pilot studies; (i) the first reference period; (j) the length of the transition period which may be conceded.
Article 4 Collection of data
1. Member States shall obtain the necessary data for the compilation of the variables listed in the Annexes. 2. Member States may acquire the necessary data using a combination of different sources specified below, applying the principle of administrative simplification: (a) compulsory surveys: the legal units as defined in Regulation (EEC) No 696/93, to which the statistical units called upon by the Member States belong or of which they are composed, shall be obliged to give timely, accurate and complete information; (b) other appropriate sources, including administrative data; (c) appropriate statistical estimation procedures; (d) participation in European sample schemes coordinated by Eurostat in order to produce European estimates. The details of the schemes referred to in the first subparagraph shall be as specified in the Annexes. Measures for their approval and implementation shall be adopted by the Commission. Those measures, designed to amend non-essential elements of this Regulation, inter alia , by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3). European sample schemes shall be established when national sample schemes do not meet the European requirements. Furthermore, Member States may opt to take part in European sample schemes when such schemes create possibilities for substantial reductions in the cost of the statistical system or the burden on business which meeting the European requirements entails. Participation in a European sample scheme shall satisfy the conditions of a Member State for the supply of the variable concerned in accordance with the objective of such a scheme. European sample schemes may target the conditions, the level of detail and the deadlines for data transmission. (d) participation in European sample schemes coordinated by Eurostat in order to produce European estimates. The details of the schemes referred to in the first subparagraph shall be as specified in the Annexes. Measures for their approval and implementation shall be adopted by the Commission. Those measures, designed to amend non-essential elements of this Regulation, inter alia , by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3). European sample schemes shall be established when national sample schemes do not meet the European requirements. Furthermore, Member States may opt to take part in European sample schemes when such schemes create possibilities for substantial reductions in the cost of the statistical system or the burden on business which meeting the European requirements entails. Participation in a European sample scheme shall satisfy the conditions of a Member State for the supply of the variable concerned in accordance with the objective of such a scheme. European sample schemes may target the conditions, the level of detail and the deadlines for data transmission. Compulsory surveys shall be used to obtain information that is not already available (within the required timelines) in other sources, such as registers. Surveys shall be performed using electronic questionnaires and web-questionnaires where applicable. 3. Member States and the Commission within their respective fields of competence shall promote the conditions for increased use of electronic data collection and automatic data processing.
Article 5 Periodicity
All variables shall be produced more frequently than annually. The frequency for each variable is specified in the Annexes.
Article 6 Level of detail
The variables shall be produced in accordance with the prevailing classifications at the level of detail specified in the Annexes.
Article 7 Processing
Member States shall process the completed data acquired in accordance with Article 4(2) into comparable variables following the rules laid down in the Annexes. Member States shall also take account of the guidance provided by the advisory methodological manual referred to in Article 12.
Article 8 Transmission
Member States shall transmit the variables provided for in Article 7, including confidential data, to Eurostat by electronic or other appropriate means within a period of time from the end of the reference period which is laid down in the Annexes. In any case, the variables shall be transmitted to the Commission (Eurostat) not later than the day they are disseminated by the national authority.
Article 9 Treatment of confidential data
The treatment of confidential data and the transmission of such data as provided for in Article 8 shall be carried out in accordance with the existing Community provisions governing statistical confidentiality.
Article 10 Quality
1. Member States shall ensure that the transmitted variables reflect the population of units. For this purpose, the data acquired in accordance with Article 4(2) must cover as many units as necessary to ensure a sufficient degree of representativeness. 2. The quality of the variables shall be measured by each Member State according to common criteria. 3. The quality of the variables shall be tested regularly by comparing them with other statistical information, such comparison to be effected by each Member State and the Commission (Eurostat). In addition they shall be checked for internal consistency. 4. Quality evaluation shall be carried out comparing the benefits of the availability of the data with the costs of collection and the burden on businesses, especially on small enterprises. For the purpose of this evaluation, Member States shall transmit to the Commission, at its request, the necessary information according to a common European methodology developed by the Commission in close cooperation with the Member States.
Article 11 Change of weightings and base year
1. Member States shall adapt where necessary the weighting system of composite indices at least every five years. The weights used in the adapted weighting systems shall be transmitted to the Commission within three years after the end of the new base year. 2. Every five years, Member States shall rebase the indices using as base years the years ending with a 0 or a 5. All indices must be rebased on the new base year within three years after the end of this new base year.
Article 12 Methodological manual
1. The Commission, after consulting the Statistical Programme Committee, shall publish by 11 February 2006 an advisory methodological manual which explains the rules set out in the Annexes and also contains guidance concerning short-term statistics. 2. The manual shall be revised at regular intervals.
Article 13 Transition period and derogations
1. Transition periods may be conceded, not extending more than five years from the date of entry into force of this Regulation. 2. During the transition periods derogations from the provisions of this Regulation may be accepted by the Commission in so far as the national statistical systems require major adaptations.
Article 14 Reports
1. Member States shall transmit to the Commission, at its request, any relevant information with regard to the implementation of this Regulation in the Member States. 2. The Commission shall, by 11 August 2008 and again every three years thereafter, submit a report to the European Parliament and the Council on the statistics compiled pursuant to this Regulation and in particular on their relevance and quality and the revision of indicators. The report shall also specifically address the cost of the statistical system and the burden on business arising from this Regulation in relation to its benefits. It shall report on best practices for lessening the burden on business and shall indicate ways of reducing the burden and costs.
Article 15 Coordination in the Member States
In each Member State one national authority shall coordinate: 1. the transmission of variables (Article 8), 2. the quality measurement (Article 10), 3. the transmission of relevant information (Article 14(1)).
Article 16 Pilot studies
1. The Commission shall, in accordance with the procedure laid down in Article 18(2) , institute a series of voluntary pilot studies to be carried out by Member States. These pilot studies are specified in the Annexes. 2. The pilot studies shall be carried out in order to assess the relevance and feasibility of obtaining data, taking into account the benefits of the availability of the data in relation to the cost of collection and the burden on business. 3. The Commission shall inform the Council of the results of the pilot studies.
Article 17 Implementing measures
The Commission shall determine the measures for implementing this Regulation, including the measures to accommodate economic and technical developments concerning the collection and statistical processing of data and the transmission of the variables. In doing so, consideration shall be given to the principle that the benefits of the measure must outweigh its cost, and to the principle that major additional resources are not involved either for Member States or for enterprises as compared with the original provisions of this Regulation. In particular, the measures for implementing this Regulation shall include: (a) the use of particular units (Article 2); (b) the updating of the list of variables (Article 3); (c) the definitions and the appropriate forms of the transmitted variables (Article 3); (d) the establishment of European sample schemes (Article 4); (e) the frequency of compilation of the statistics (Article 5); (f) the levels of breakdown and aggregation to be applied to the variables (Article 6); (g) the transmission deadlines (Article 8); (h) the criteria for the measurement of quality (Article 10); (i) the transition periods (Article 13(1)); (j) derogations granted during the transition periods (Article 13(2)); (k) the institution of pilot studies (Article 16); (l) the first base year to be applied for time series in NACE Rev. 2; (m) for time series prior to 2009, to be transmitted according to NACE Rev. 2, the level of detail, the form, the first reference period, and the reference period. The measures referred to in points (j) and (k) shall be adopted in accordance with the regulatory procedure referred to in Article 18(2). The measures referred to in points (a) to (i) and (l) and (m), designed to amend non-essential elements of this Regulation, inter alia , by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 18(3).
Article 18 Committee procedure
1. The Commission shall be assisted by the Statistical Programme Committee established by Council Decision 89/382/EEC, Euratom ( 14 ). 2. Where reference is made to this paragraph, Articles 5 and 7 of Council Decision 1999/468/EC ( 15 ) shall apply, having regard to the provisions of Article 8 thereof. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 3. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
Article 19 Repealing provisions
Directives 72/211/EEC and 78/166/EEC are hereby repealed.
Article 20 Entry into force
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Communities . This Regulation shall be binding in its entirety and directly applicable in all Member States.