Article 1 Subject‐matter and scope
1. This Regulation establishes a common framework for European statistics relating to persons and households, based on data at individual level collected from samples of those persons and households. 2. This Regulation does not apply to population and housing censuses as referred to in Regulation (EC) No 763/2008.
Article 2 Definitions
For the purposes of this Regulation, the following definitions apply: (1) ‘microdata’ means non‐aggregated observations or measurements of characteristics of individual units, without direct identifier; (2) ‘pre‐checked aggregated data’ or ‘pre‐checked microdata’ means data or microdata without direct identifiers, verified by the Member States on the basis of common validation rules where available; (3) ‘domain’ means one or several data sets that covers particular topics; (4) ‘observation unit’ means an identifiable entity about which data can be obtained; (5) ‘topic’ means the content of the information to be collected about the observation units, each topic covering a number of detailed topics; (6) ‘detailed topic’ means the detailed content of the information to be collected about the observation units related to a topic, each detailed topic covering a number of variables; (7) ‘variable’ means a characteristic of an observation unit that may assume more than one of a set of values; (8) ‘administrative records’ mean data generated by a non‐statistical source, usually a public body, the main aim of which is not the provision of statistics; (9) ‘ad‐hoc subjects’ means themes that are of particular interest to users at a specific point in time but that are not included in the regular data sets; (10) ‘headline indicator’ means widely used information that serves to monitor a central objective of Union policy; (11) ‘usual residence’ means the place where a person normally spends the daily period of rest, regardless of temporary absences for purposes of recreation, holidays, visits to friends and relatives, business, medical treatment or religious pilgrimage. The following persons alone are considered to be usual residents of a specific geographical area: (a) those who have lived in their place of usual residence for a continuous period of at least 12 months before the reference time; or (b) those who arrived in their place of usual residence during the 12 months before the reference time with the intention of staying there for at least one year. Where the circumstances described in point (a) or (b) cannot be established, ‘usual residence’ can be taken to mean the place of legal or registered residence; (12) ‘metadata’ means information that is needed to use and interpret statistics and that describes data in a structured way; (13) ‘quality report’ means a report conveying information about the quality of a statistical product or process; (14) ‘sampling frames’ means a list, map or other specification of the units which determine a population that is to be completely enumerated or sampled; (15) ‘private household’ means a person living alone or a group of persons who live together, providing oneself or themselves with the essentials of living.
Article 3 Domains and data sets
1. Data collection as referred to in Article 1, carried out by the Member States, shall be organised into the following domains: (a) labour force; (b) income and living conditions; (c) health; (d) education and training; (e) use of information and communication technologies; (f) time use; (g) consumption. 2. With regard to the time use domain, data collection as referred to in Article 1, carried out by the Member States, shall be optional. Where a Member State collects data for the time use domain, it shall do so in accordance with this Regulation in order to ensure comparability. In the long term, all Member States shall aim to carry out data collection for the time use domain. 3. For all domains referred to in paragraph 1, the data sets shall cover the following common topics, further details of which are set out in Annex I: (a) technical items; (b) person and household characteristics; (c) health: status and disability, access to and availability and use of health care and health determinants; (d) labour market participation; (e) educational attainment and background. For some domains, data sets shall further detail those common topics, as set out in Annex I. 4. In addition to the topics common to all domains referred to in paragraph 3, the data sets shall cover the following topics, further details of which are set out in Annex I: (a) job tenure, work biography and previous work experience; (b) working conditions including working hours and working time arrangements; (c) participation in education and training; (d) income, consumption and elements of wealth, including debts; (e) living conditions, including material deprivation, housing, living environment and access to services; (f) quality of life, including social, civil, economic and cultural participation, inclusion and wellbeing; (g) participation in the information society; and (h) allocation of time (optional). 5. The precision requirements and the characteristics of the samples used for the different domains shall be as specified, respectively, in Annexes II and III. 6. Data collection carried out pursuant to this Article shall include information allowing break‐downs in order to describe sub‐populations of interest, and shall, where relevant, indicate inequalities. Save where duly justified for reasons of quality, Member States and the Commission (Eurostat) shall also produce information that allows the information valid at NUTS 2 territorial level to be derived in order to allow for better data comparability across Member States, taking costs into account. 7. The Commission is empowered to adopt delegated acts in accordance with Article 17 on the basis of a feasibility study in order to amend the detailed topics listed in Annex I for the purpose of reflecting relevant legislative, technical, social, policy and economic developments and responding to the new needs of users. In exercising that power, the Commission shall ensure that: (a) such delegated acts do not impose a significant additional burden or cost on the Member States or on respondents; (b) unless duly justified by exceptional circumstances, for the labour force and the income and living conditions domains, not more than 5 % of the detailed topics listed in Annex I are changed for each domain in any four‐year period; (c) for domains referred to in paragraph 1 but not in point (b) of this subparagraph, not more than 10 % of the detailed topics listed in Annex I are changed for each domain in the period between two consecutive data collections; (d) any detailed topics not listed in Annex I are duly assessed in respect of their feasibility by means of pilot studies carried out by the Member States in accordance with Article 14; (e) the total number of variables to be provided does not exceed the specifications referred to in Article 6(2) and (3). For points (b) and (c) of the first subparagraph, the number of detailed topics that may be changed shall be rounded up to the nearest integer.
Article 4 Multiannual rolling planning
1. The Commission is empowered to adopt delegated acts in accordance with Article 17 in order to supplement this Regulation by establishing or adapting a multiannual rolling planning. 2. The multiannual rolling planning shall: (a) be adopted for an eight‐year period; (b) apply to the data collection covered by this Regulation; (c) comply with the periodicity specified in Annex IV; (d) specify the period during which data are collected for: (i) the detailed topics attached to the domains listed in Annex I; (ii) ad‐hoc subjects requested by the users, for the labour force and income and living conditions domains, as provided for in Annex IV. With regard to point (d)(ii) of the first subparagraph, those ad‐hoc subjects may, in justified cases, cover detailed topics other than those listed in Annex I. 3. The adaptations of the multiannual rolling planning referred to in paragraph 1 shall enter into force no later than 24 months before the beginning of each data collection period as specified in the planning for annual or infra‐annual data collection, and no later than 36 months before the beginning of such data collection period for other data collection. Those adaptations shall aim to ensure the effectiveness and consistency of the planning with users’ needs. 4. The Commission shall ensure that the delegated acts adopted pursuant to this Article comply with the principle of proportionality and do not impose a significant additional burden or cost on the Member States or on the respondents.
Article 5 Statistical populations and observation units
1. The statistical population shall consist of all persons having their usual residence in private households in each Member State. 2. The data collection shall be carried out in each Member State for a sample of observation units constituted by private households or by persons belonging to private households who have their usual residence in that Member State. 3. Each Member State shall aim to extend, within the scope of this Regulation, the coverage of data collection to observation units that do not belong to private households, provided that the data transmitted allows the identification of such observation units, and of the persons concerned who have their usual residence in that Member State.
Article 6 Specifications of data sets
1. The Commission shall adopt delegated acts in accordance with Article 17 in order to supplement this Regulation by specifying the following items of the different data sets, including when those items are common to several data sets, in order to cover the needs identified in the relevant detailed topics: (a) the number of variables; and (b) the title of variables. 2. With regard to delegated acts adopted pursuant to point (a) of paragraph 1, the number of variables shall not exceed, by more than 5 %, the number of variables for each domain of those already required, on a mandatory basis, by the Commission (Eurostat) on 3 November 2019. 3. For the consumption domain, the number of variables shall not exceed, by more than 5 %, the number of variables set out in the first delegated act adopted for that domain pursuant to paragraph 1. 4. In order to respond to users’ needs and to provide for a certain degree of flexibility, the Commission may, where new data are required, change a maximum 10 % of the variables required in accordance with the delegated acts referred to in paragraph 1 of this Article, for each domain listed in Article 3(1). By way of derogation from the first subparagraph of this paragraph, the Commission may, for the use of information and communication technologies domain, change more than 10 % of the variables required in accordance with the delegated acts referred to in paragraph 1 of this Article, provided that such a change is in line with implementing measures adopted pursuant to Article 8(2) of Regulation (EC) No 808/2004 before 1 January 2021. The maximum percentage rate referred to in the first subparagraph of this paragraph shall apply in any four‐year period to the labour force and the income and living conditions domains and during the period between two consecutive data collections to the other domains. In all cases, the number of variables shall not exceed the thresholds referred to in paragraphs 2 and 3.
Article 7 Technical specifications of data sets
1. The Commission shall adopt implementing acts specifying the following technical items of the individual data sets: (a) the description of variables; (b) the statistical classifications; (c) the precise characteristics of the statistical populations, the observation units and the rules for respondents; (d) the reference periods and reference dates; (e) the requirements relating to geographical coverage, detailed sample characteristics, including subsampling, in accordance with Annex III, common data gathering periods, common standards for editing and imputation, weighting, estimation and variance estimation; (f) the methodology providing for the comparability of the data collected, which may include, in duly justified cases, flowcharts on the order of the questions in order to achieve, where necessary, the common objective of a high level of comparability of employment and unemployment data in the labour force domain. 2. When items are common to several data sets, the Commission shall adopt implementing acts specifying the following technical characteristics of the data sets: (a) the description of variables; (b) the statistical classifications; (c) the precise characteristics of the statistical populations and of the observation units. 3. For the data sets on monthly unemployment relating to the labour force domain, the Commission shall adopt implementing acts for the purpose of describing the variables and the length, quality requirements and level of detail of the time series to be transmitted. 4. The implementing acts referred to in this Article shall be adopted in accordance with the examination procedure referred to in Article 18(2). They shall be adopted at least 12 months before the beginning of the data collection period, except for the use of information and communication technologies domain, for which the implementing acts shall be adopted at least six months before the beginning of the data collection period.
Article 8 Formats for transmission of information
1. Technical formats shall be put in place to facilitate the transmission of information from the Member States to the Commission (Eurostat), in particular for the purpose of supporting quality management and process documentation related to the statistics covered by this Regulation. 2. The technical formats shall cover statistical concepts, processes and products, including data and metadata. 3. The Commission shall adopt implementing acts establishing the technical formats referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2). The implementing acts shall be adopted at least 12 months before the beginning of the data collection period, except for the use of information and communication technologies domain, for which the implementing acts shall be adopted at least six months before the beginning of the data collection period.
Article 9 Data sources and methods
1. Member States shall collect the data referred to in Article 1 to be provided to the Commission (Eurostat) by using one or a combination of the following sources, provided that they meet the quality requirements laid down in Article 13: (a) information directly provided by the respondents; (b) administrative records and other sources, methods or innovative approaches insofar as they allow for the production of data that are comparable and compliant with the applicable specific requirements laid down by this Regulation. The methods referred to in point (b) of the first subparagraph of this paragraph may include small area estimations, intended to cover the territorial diversity, provided that they fulfil the precision requirements laid down in Annex II. 2. Member States shall provide the Commission (Eurostat) with detailed information on the sources and methods used in accordance with Article 13(5).
Article 10 Periodicity
Member States shall collect the data referred to in Article 1 in accordance with the periodicity specified in Annex IV.
Article 11 Data transmission and deadlines
1. Member States shall transmit the data referred to in Article 1 to the Commission (Eurostat) in accordance with Annex V. 2. For every data set, Member States shall transmit to the Commission (Eurostat), through secure transmission channels, pre‐checked microdata without direct identification. 3. Pre‐checked aggregated data shall be transmitted for the compilation of monthly unemployment statistics. 4. Member States shall collect and transmit data in accordance with this Regulation from 2021. 5. The Commission (Eurostat) shall, in cooperation with Member States, publish the aggregated data on the Commission (Eurostat) website, in a user‐friendly way, as soon as possible and within six months of the transmission deadline for annual and infra‐annual data collection, and within 12 months of the transmission deadline for other data collection, save in duly justified cases.
Article 12 Sampling frames
1. Data collected under this Regulation shall be based on representative samples drawn from sampling frames set up at national level that allow persons or households to be selected at random, with a known probability of selection. The sampling frames shall aim to identify and cover exhaustively the target population with the usual accepted coverage error and shall be regularly updated. The sampling frames shall contain all the information necessary for the sample design, such as information needed for stratification purposes and for contacting the persons or households. The sampling frames shall also include the information needed to link persons to other administrative records, in so far as linking to such other records is necessary and proportionate and specifically permitted under the applicable Union or national law to which the controller as defined in Regulation (EU) 2016/679 is subject and which also lays down suitable measures to safeguard the data subjects’ rights and freedoms and legitimate interest. 2. Where no such sampling frame is available in a Member State, other sampling frames that meet the following criteria shall be used. Such sampling frames shall: (a) identify the sample units, which can be persons, households, dwellings or addresses; (b) be capable of providing the probability of selection; (c) be regularly updated. In exceptional and duly justified cases, for reasons of quality, for the time use and consumption domains, other sampling schemes, such as quota sampling, may be used. 3. The Commission may adopt implementing acts laying down uniform conditions for the sampling frames, in particular setting out minimum requirements, including the usual accepted coverage error. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2).
Article 13 Quality
1. Member States shall take the measures necessary to ensure the quality of the data and metadata transmitted. 2. For the purpose of this Regulation, the quality criteria defined in Article 12(1) of Regulation (EC) No 223/2009 shall apply. 3. The Commission (Eurostat) shall assess the quality of the metadata on the specifications, of the data transmitted and of the sampling frames, with a view, inter alia, to publishing them in a user‐friendly manner on the Commission (Eurostat) website. 4. For the purposes of paragraph 3 of this Article, Member States shall transmit to the Commission (Eurostat), in respect of the data and microdata referred to in Article 11: (a) metadata describing the methodology used, including the data sources and methods referred to in Article 9, and how technical specifications were achieved by reference to those laid down by this Regulation; (b) information on compliance with the minimum requirements for the sampling frames used, including in developing and updating them, as laid down by this Regulation; (c) information about the sub‐populations that have not been reached by the data collection. 5. Member States shall transmit the metadata and information referred to in paragraph 4 within three months of the deadline for transmitting the data and microdata. That additional information shall be provided in the form of quality reports that demonstrate, in particular, how the data and microdata transmitted, and the metadata and information, meet the quality requirements. The Commission (Eurostat) shall make that information public in accordance with Union and national personal data protection law. 6. The Commission may adopt implementing acts specifying the arrangements and content of the quality reports, including indications of the method for assessing compliance with precision requirements. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 18(2). They shall not impose significant additional burden or cost on the Member States. 7. Member States shall inform the Commission (Eurostat) as soon as possible of any relevant information or change with regard to the implementation of this Regulation that would influence the quality of the data transmitted. 8. On a duly justified request from the Commission (Eurostat), Member States shall provide necessary additional clarification to evaluate the quality of the statistical information.
Article 14 Feasibility and pilot studies
1. While complying with the objectives of this Regulation and in order to improve the data sets and social indicators, the Commission (Eurostat) shall, where necessary, launch feasibility and pilot studies, in which Member States may participate. Member States, together with the Commission (Eurostat), shall ensure the representativeness of those studies at Union level. The studies shall aim to evaluate and develop alternative methodologies, taking into account technological developments, in particular in order to: (a) improve the quality and comparability of data sets; (b) extend the coverage of the data collection to persons not living in private households or to sub‐populations that are difficult to reach; (c) develop, assess and implement techniques allowing better coverage of the territorial diversity at NUTS 2 level and at local level; (d) follow up on statistical coverage of migrating citizens changing their country of residence; (e) develop and test new detailed topics for data collection; (f) contribute to modernising the time use and consumption domains, including data on consumption volume; (g) explore and implement new ways of improving responsiveness to users’ needs; (h) better integrate data collection and the use of other data sources; and (i) make data collection in Member States more efficient and improve data collection instruments in order to allow full participation of people with disabilities. The Commission (Eurostat) shall provide to the Member States that carry out feasibility or pilot studies appropriate financing in accordance with Article 16. 2. The Commission (Eurostat) shall, where relevant, invite Union agencies which carry out non‐ESS European social surveys to contribute their expertise to the development of new indicators and the collection of pilot data on ad‐hoc subjects as referred to in Annex IV, or subjects of future interest to ESS. 3. The results of the feasibility and pilot studies referred to in paragraph 1 shall be evaluated by the Commission (Eurostat) in cooperation with Member States and the main users of the data sets.
Article 15 Access for scientific purposes to confidential data
The Commission (Eurostat) may grant access on its premises to confidential data and may release sets of anonymised microdata from the data sets for the domains referred to in Article 3, for scientific purposes and under the conditions laid down in Regulation (EU) No 557/2013.
Article 16 Financing
1. For the implementation of this Regulation, the Union shall provide grants to the NSIs and other national authorities as referred to in Article 5(2) of Regulation (EC) No 223/2009, for: (a) the development and/or implementation, and the improvement of timeliness, of data collection, data collection methods, sampling frames and data processing for statistics under this Regulation, for the first four years of the data collection for each domain covered by this Regulation; (b) the development of methodologies for statistics under this Regulation, including the participation of the Member States in representative feasibility and pilot studies referred to in Article 14; (c) the collection and production of statistics on ad hoc subjects required by the users as provided for in Annex IV, new or revised sets of variables and characteristics implemented for the first time. Where this Regulation confers tasks on NSIs and other national authorities which they did not previously carry out, they shall be granted sufficient financial resources from the Union for the purpose of carrying out those tasks. The financial resources shall be re‐evaluated in light of developments with regard to the implementation of this Regulation. 2. The Union financial contribution referred to in paragraph 1 of this Article under the Multiannual Financial Framework 2014 to 2020 shall be provided in accordance with Article 7 of Regulation (EU) No 99/2013 of the European Parliament and of the Council ( 21 ) , point (a) of Article 16(1) of Regulation (EU) No 1296/2013 of the European Parliament and of the Council ( 22 ) , Article 6 of Regulation (EU) No 1291/2013 of the European Parliament and the Council ( 23 ) , Article 58 of Regulation (EU) No 1303/2013 of the European Parliament and of the Council ( 24 ) , Article 5 of Regulation (EU) No 282/2014 of the European Parliament and of the Council ( 25 ) , or Article 6 of Regulation (EU) 2017/825 of the European Parliament and of the Council ( 26 ) . 3. This Union financial contribution shall not exceed 90 % of the eligible costs.
Article 17 Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 3(7), Article 4(1) and Article 6(1) shall be conferred on the Commission for a period of five years from 3 November 2019. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five‐year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 3(7), Article 4(1) and Article 6(1) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law‐Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 3(7), Article 4(1) and Article 6(1) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Article 18 Committee procedure
1. The Commission shall be assisted by the ESSC. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 19 Derogations and authorisations
1. Where a Member State’s national statistical system would necessitate major adaptations for the purpose of applying this Regulation, or the delegated or implementing acts adopted pursuant thereto, the Commission may, by means of implementing acts, grant a derogation for up to three years. The comparability of Member States’ data and the timely calculation of the required representative and reliable European aggregates, including headline indicators, shall be ensured. Such derogations shall not be granted on the same grounds as the authorisations referred to in paragraphs 3 and 4. 2. Where a derogation as referred to in paragraph 1 remains justified by sufficient evidence at the end of the period for which it was granted, the Commission may, by means of implementing acts, grant a subsequent derogation for a maximum period of two years. 3. Where the only means by which a Member State can provide the required data sets is by using methods other than those laid down in this Regulation or in the delegated or implementing acts adopted pursuant thereto, the Commission may, on an exceptional basis, authorise, by means of implementing acts, the use of such methods for a maximum period of five years. Such authorisations shall not be based on the same grounds as the derogations referred to in paragraphs 1 and 2. 4. Where an authorisation as referred to in paragraph 3 remains justified by sufficient evidence at the end of the period for which it was granted, the Commission may, by means of implementing acts, grant a subsequent authorisation for a maximum period of three years. 5. For the purpose of a derogation or authorisation as referred to in paragraphs 1 to 4, a Member State shall submit a duly justified request to the Commission by 4 February 2020, within three months of the date of entry into force of the delegated or implementing act concerned, or six months before the end of the period for which a current derogation or authorisation has been granted. When requesting an authorisation referred to in paragraphs 3 and 4, the Member State concerned shall describe in detail the methods used and demonstrate that they lead to comparable results. 6. The Commission shall adopt the implementing acts referred to in this Article in accordance with the examination procedure referred to in Article 18(2).