Article 1 Definitions
For the purposes of this Regulation: 1. ‘the ECB’s statistical reporting requirements’ shall mean the statistical information which reporting agents are required to provide and which is necessary for the tasks of the ESCB to be performed; 1a. ‘European statistics’ shall mean statistics that are: (i) necessary to undertake the ESCB’s tasks as referred to in the Treaty; (ii) determined in the ESCB’s statistical work programme; and (iii) developed, produced and disseminated in conformity with the statistical principles referred to in Article 3a; 2. ‘reporting agents’ shall mean the legal and natural persons and the entities and branches referred to in Article 2(3) which are subject to the ECB’s statistical reporting requirements; 3. ‘participating Member State’ shall mean a Member State which has adopted the single currency in accordance with the Treaty; 4. ‘resident’ and ‘residing’ shall mean having a centre of economic interest in the economic territory of a country as described in Chapter 1(1.30) of Annex A to Council Regulation (EC) No 2223/96 of 25 June 1996 on the European system of national and regional accounts in the Community ( 8 ); in this context, ‘cross-border positions’ and ‘cross-border transactions’ shall mean respectively positions and transactions in the assets and/or liabilities of residents of participating Member States seen as one economic territory vis-à-vis residents of non-participating Member States and/or residents of third countries; 5. ‘international investment position’ shall mean the balance sheet of the stock of cross-border financial assets and liabilities; 6. ‘electronic money’ shall mean an electronic store of monetary value on a technical device, including prepaid cards, that may be widely used for making payments to entities other than the issuer without necessarily involving bank accounts in the transaction, but acting as a prepaid bearer instrument; 7. ‘use for statistical purposes’ shall mean the exclusive use for the development and production of statistical results and statistical analyses; 8. ‘development’ shall mean activities aiming at setting up, strengthening and improving the statistical methods, standards and procedures used for the production and dissemination of statistics as well as at designing new statistics and indicators; 9. ‘production’ shall mean all the activities related to the collection, storage, processing and analysis necessary for compiling statistics; 10. ‘dissemination’ shall mean the activity of making statistics, statistical analyses and non-confidential information accessible to users; 11. ‘statistical information’ shall mean aggregated and individual data, indicators and related metadata; 12. ‘confidential statistical information’ shall mean statistical information which allows reporting agents or any other legal or natural person, entity or branch to be identified, either directly from their name or address or from an officially allocated identification code, or indirectly through deduction, thereby disclosing individual information. To determine whether a reporting agent or any other legal or natural person, entity or branch is identifiable, account shall be taken of all the means that might reasonably be used by a third party to identify the said reporting agent or the other legal or natural person, entity or branch.
Article 2 Reference reporting population
1. For the fulfilment of the ECB’s statistical reporting requirements, the ECB, assisted by the national central banks in accordance with Article 5.2 of the Statute, shall have the right to collect statistical information within the limits of the reference reporting population and of what is necessary to carry out the tasks of the ESCB. Information may be collected in particular in the area of monetary and financial statistics, banknote statistics, payments and payment systems statistics, financial stability statistics, balance of payments statistics and international investment position statistics. When necessary to perform the tasks of the ESCB, additional information may be collected also in other areas in duly justified cases. The information that is collected for the fulfilment of the ECB’s statistical reporting requirements shall be further specified in the ESCB’s statistical work programme. 2. In this respect, the reference reporting population shall comprise the following reporting agents: (a) legal and natural persons residing in a Member State and falling within the sector ‘financial corporations’ as defined in ESA 95; (b) post office giro institutions residing in a Member State; (c) legal and natural persons residing in a Member State, to the extent that they hold cross-border positions or have carried out cross-border transactions; (d) legal and natural persons residing in a Member State, to the extent that they have issued securities or electronic money; (e) legal and natural persons residing in a participating Member State, to the extent that they hold financial positions vis-à-vis residents of other participating Member States or have carried out financial transactions with residents of other participating Member States. 3. An entity that would otherwise be covered by the definition in paragraph 2, but which according to the national law of its country of residence is neither a legal person nor a collection of natural persons, while it can be the subject of rights and obligations, shall be a reporting agent. The reporting obligation of such an entity shall be fulfilled by the persons legally representing it. Where a legal person, collection of natural persons or an entity as referred to in the first subparagraph has a branch resident in another country, the branch shall be a reporting agent in its own right irrespective of where the head office is located insofar as the branch satisfies the conditions defined in paragraph 2, with the exception of the need to possess separate legal personality. Any number of branches set up in the same Member State shall be regarded as a single branch when they belong to the same sub-sector of the economy. The reporting obligation of a branch shall be fulfilled by the persons legally representing it. 4. In duly justified cases, such as for financial stability statistics, the ECB shall have the right to collect from the legal and natural persons referred to in paragraph 2(a), and from the entities and branches referred to in paragraph 3, statistical information on a consolidated basis, including information on the entities controlled by such legal and natural persons and entities. The ECB shall specify the extent of the consolidation.
Article 2a Cooperation with the ESS
To minimise the reporting burden and guarantee the coherence necessary to produce European statistics, the ESCB and the ESS shall cooperate closely, while complying with the statistical principles laid down in Article 3a.
Article 3 Modalities for the definition of statistical reporting requirements
In defining and imposing its statistical reporting requirements, the ECB shall specify the actual reporting population within the limits of the reference reporting population as defined in Article 2. Without prejudice to the fulfilment of its statistical reporting requirements, the ECB: (a) shall use existing statistics as far as possible; (b) shall take into account the relevant European and international statistical standards; (c) may fully or partly exempt specific classes of reporting agents from its statistical reporting requirements. Before adopting a regulation as referred to in Article 5 concerning new statistics, the ECB shall assess the merits and costs of the collection of the new statistical information in question. It shall in particular take into account the specific collection characteristics, the size of the reporting population and the periodicity, and the statistical information already held by the statistical authorities or administrations.
Article 3a Statistical principles underlying European statistics produced by the ESCB
The development, production and dissemination of European statistics by the ESCB shall be governed by the principles of impartiality, objectivity, professional independence, cost-effectiveness, statistical confidentiality, minimisation of the reporting burden and high output quality, including reliability and the definitions of these principles shall be adopted, elaborated on and published by the ECB. These principles are similar to the statistical principles of Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics ( 9 ).
Article 4 Obligations of Member States
Member States shall organise themselves in the field of statistics and shall fully cooperate with the ESCB in order to ensure the fulfilment of the obligations arising out of Article 5 of the Statute.
Article 5 Regulatory power of the ECB
1. The ECB may adopt regulations for the definition and imposition of its statistical reporting requirements on the actual reporting population of participating Member States. 2. To guarantee the coherence necessary to produce statistics meeting their respective information requirements, the ECB shall consult the Commission on draft regulations whenever links with the statistical requirements of the Commission exist. The Committee on Monetary, Financial and Balance of Payments Statistics shall take part, within the limits of its competence, in the process of cooperation between the Commission and the ECB.
Article 6 Right of verification and compulsory collection of statistical information
1. If a reporting agent residing in a participating Member State is suspected of an infringement, as set out in Article 7(2), of the ECB’s statistical reporting requirements, the ECB and, in accordance with Article 5.2 of the Statute, the national central bank of the participating Member State concerned shall have the right to verify the accuracy and quality of the statistical information and to carry out its compulsory collection. However, should the statistical information concerned be necessary in order to demonstrate compliance with minimum reserve requirements, the verification should be carried out in accordance with Article 6 of Council Regulation (EC) No 2531/98 of 23 November 1998 concerning the application of minimum reserves by the European Central Bank ( 10 ). The right to verify statistical information or to carry out compulsory collection thereof shall comprise the right to: (a) require submission of documents; (b) examine the books and records of the reporting agents; (c) take copies or extracts from such books and records; and (d) obtain written or oral explanations. 2. The ECB or the competent national central bank shall notify the reporting agent in writing of its decision to verify statistical information or to collect it compulsorily, specifying the time limit for compliance with the verification request, the sanctions applicable in the case of non-compliance and the right to review. The ECB and the national central bank concerned shall inform each other of such verification requests. 3. For the verification and the compulsory collection of statistical information, national procedures shall be followed. The costs of the procedure shall be borne by the reporting agent concerned if it is established that the reporting agent has breached statistical reporting requirements. 4. The ECB may adopt regulations specifying the conditions under which the right to verify or to carry out the compulsory collection of statistical information may be exercised. 5. Within the limits of their competence, national authorities of participating Member States shall give the necessary assistance to the ECB and national central banks in the exercise of the powers provided for in this Article. 6. When a reporting agent opposes or obstructs the verification process or the compulsory collection of the required statistical information, the participating Member State in which the reporting agent’s premises are located shall afford the necessary assistance, including ensuring access to the reporting agent’s premises by the ECB or the national central bank so that the rights mentioned in paragraph 1 can be exercised.
Article 7 Imposition of sanctions
1. The ECB shall have the power to impose the sanctions set out in this Article on reporting agents which are subject to reporting requirements and residing in a participating Member State and which fail to comply with the obligations resulting from this Regulation or from ECB regulations or decisions defining and imposing the ECB’s statistical reporting requirements. 2. The obligation to transmit certain statistical information to the ECB or to the national central banks shall be deemed to have been infringed if: (a) no statistical information is received by the ECB or national central bank by the established deadline; or (b) the statistical information is incorrect, incomplete or in a form not complying with the requirement. 3. The obligation to allow the ECB and the national central banks to verify the accuracy and quality of the statistical information submitted by reporting agents to the ECB or national central bank shall be deemed to have been infringed whenever a reporting agent obstructs this activity. Such obstruction includes, but is not limited to, the removal of documents and prevention of physical access by the ECB or the national central bank which is necessary for them to carry out their verification task or compulsory collection. 4. The ECB may impose sanctions on a reporting agent as follows: (a) in the event of an infringement as defined in paragraph 2(a), a daily penalty payment not exceeding EUR 10 000, with the total fine not exceeding EUR 100 000; (b) in the event of an infringement as defined in paragraph 2(b), a fine not exceeding EUR 200 000; and (c) in the event of an infringement as defined in paragraph 3, a fine not exceeding EUR 200 000. 5. The sanctions set out in paragraph 4 shall be additional to the obligation on the reporting agent to meet the costs of the verification and compulsory collection procedure as required in Article 6(3). 6. In exercising the powers provided for in this Article, the ECB shall act in accordance with the principles and procedures as set out in Regulation (EC) No 2532/98.
Article 8 Protection and use of confidential statistical information collected by the ESCB
The following rules shall apply to prevent the unlawful use and disclosure of confidential statistical information provided by the reporting agent or other legal or natural person, entity or branch to an ESCB member or transmitted within the ESCB: 1. The ESCB shall use confidential statistical information exclusively for the exercise of the tasks of the ESCB except in any of the following circumstances: (a) if the reporting agent or the other legal or natural person, entity or branch which can be identified, has explicitly given its consent to the use of the said statistical information for other purposes; (b) for transmission to the members of ESS in accordance with Article 8a(1); (c) for granting scientific research bodies access to confidential statistical information which does not allow direct identification, and with the prior explicit consent of the authority which provided the information; (d) as regards national central banks, if the said statistical information is used in the field of prudential supervision or, in accordance with Article 14.4 of the Statute, for the exercise of functions other than those specified in the Statute. 1. The ESCB shall use confidential statistical information exclusively for the exercise of the tasks of the ESCB except in any of the following circumstances: (a) if the reporting agent or the other legal or natural person, entity or branch which can be identified, has explicitly given its consent to the use of the said statistical information for other purposes; (b) for transmission to the members of ESS in accordance with Article 8a(1); (c) for granting scientific research bodies access to confidential statistical information which does not allow direct identification, and with the prior explicit consent of the authority which provided the information; (d) as regards national central banks, if the said statistical information is used in the field of prudential supervision or, in accordance with Article 14.4 of the Statute, for the exercise of functions other than those specified in the Statute. 2. Reporting agents shall be informed of the statistical and other administrative uses, to which statistical information provided by them, may be put. Reporting agents shall have the right to obtain information concerning the legal basis for the transmission and the protective measures adopted. 3. The ESCB members shall take all the necessary regulatory, administrative, technical and organisational measures to ensure the physical and logical protection of confidential statistical information. The ECB shall define common rules and implement minimum standards to prevent unlawful disclosure and unauthorised use of confidential statistical information. 4. Transmission of confidential statistical information within the ESCB that has been collected pursuant to Article 5 of the Statute shall take place: (a) to the extent and at the level of detail necessary for the performance of the tasks of the ESCB referred to in the Treaty; or (b) provided that such transmission is necessary for the efficient development, production or dissemination of statistics under Article 5 of the Statute or for increasing their quality. 4. Transmission of confidential statistical information within the ESCB that has been collected pursuant to Article 5 of the Statute shall take place: (a) to the extent and at the level of detail necessary for the performance of the tasks of the ESCB referred to in the Treaty; or (b) provided that such transmission is necessary for the efficient development, production or dissemination of statistics under Article 5 of the Statute or for increasing their quality. 5. The ECB may decide on the collection and transmission, to the extent and level of detail necessary, within the ESCB of confidential information originally collected for purposes other than those of Article 5 of the Statute, provided that this is necessary for the efficient development or production of statistics or for increasing their quality and that these statistics are necessary for the performance of the tasks of the ESCB referred to in the Treaty. 6. Confidential statistical information may be exchanged within the ESCB to grant scientific research bodies access to such information, in accordance with paragraphs 1(c) and 2. 7. Statistical information taken from sources which are available to the public in accordance with national legislation shall not be considered confidential. 8. Member States and the ECB shall adopt all necessary measures to ensure the protection of confidential statistical information, including the imposition of the appropriate enforcement measures in the event of an infringement. This Article shall apply without prejudice to special national or Community provisions relating to the transmission of information other than confidential statistical information to the ECB and shall not apply to confidential statistical information initially transmitted between an ESS authority and an ESCB member, to which Article 8a shall apply. This Article shall not prevent confidential statistical information collected for purposes other than, or in addition to, meeting the ECB’s statistical reporting requirements from being used to meet those other purposes.
Article 8a Exchange of confidential statistical information between the ESCB and the ESS
1. Without prejudice to national provisions on the exchange of confidential statistical information other than information covered in this Regulation, the transmission of confidential statistical information between an ESCB member that collected the information and an ESS authority may take place provided that this transmission is necessary for the efficient development, production or dissemination, or for increasing the quality, of European statistics within the respective spheres of competence of the ESS and the ESCB and that this necessity has been justified. 2. Any further transmission beyond the first transmission must be explicitly authorised by the authority that collected the information. 3. The confidential statistical information which is transmitted between an ESS authority and an ESCB member shall not be used for purposes that are not exclusively statistical, such as for administrative or tax purposes or legal proceedings or for the purposes referred to in Articles 6 and 7. 4. Statistical information which the ESCB members receive from ESS authorities and which was obtained from sources lawfully available to the public and which remains available to the public according to national legislation shall not be considered confidential for the purpose of dissemination of statistics obtained from this statistical information. 5. Within their respective spheres of competence, the ESCB members shall take all necessary regulatory, administrative, technical and organisational measures to ensure the physical and logical protection of confidential statistical information (statistical disclosure control) provided by the ESS authorities. 6. Confidential statistical information provided by the ESS authorities shall only be accessible to staff working in statistical activities within their specific domain of work. These persons shall use these data exclusively for statistical purposes. They shall be subject to this restriction even after the cessation of their functions. 7. Member States and the ECB shall take appropriate measures to prevent and sanction any violations of the protection of confidential statistical information provided by the ESS authorities.
Article 8b Confidentiality report
The ECB shall publish an annual confidentiality report on the measures adopted to safeguard the confidentiality of the statistical information referred to in Articles 8 and 8a.
Article 8c Protection of confidential information on individuals
This Regulation shall apply without prejudice to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ( 11 ) and Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and of the free movement of such data ( 12 ).
Article 8d Access to administrative records
To reduce the burden on respondents, the national central banks and the ECB shall have access to relevant sources of administrative data within their respective public administration systems, to the extent that these data are necessary for the development, production and dissemination of European statistics. The practical arrangements and the conditions for achieving effective access shall be determined where necessary by each Member State and the ECB, within their respective spheres of competence. These data shall be used by the ESCB members exclusively for statistical purposes.
Article 9 Final provisions
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities . Article 5, Article 6(4) and Article 8(9) shall apply from the date of entry into force of this Regulation. The remaining Articles shall apply from 1 January 1999. This Regulation shall be binding in its entirety and directly applicable in all Member States.