2007/0220(COD) | [ParlTrack]

Proposal for a regulation
Recital 3

(3) It is therefore necessary to consolidate the activities of the European Statistical System (ESS) and to improve its governance, in particular with a view to further clarifying the respective roles of the National Statistical Institutes (NSIs) and of ~~the Commission (~~Eurostat).

Amendment 25 #

Proposal for a regulation
Recital 15

(15) The proposed improved regulatory environment for European Statistics should in particular respond to the need to minimise the response burdens on ~~businesse~~survey respondents and contribute to the more general objective of a reduction of administrative burdens arising at European level, in line with the Presidency Conclusions of the European Council of 8 and 9 March 2007; however, the important role played by the national authorities in minimising burdens on European businesses at national level should also be emphasized.

Amendment 26 #

Proposal for a regulation
Recital 23 a (new)

(23a) In the re-definition of Community statistics consideration must also be given to the concerns of empirical science so as to help lay the foundations for decisions for society;

Amendment 27 #

Proposal for a regulation
Recital 24

(24) The use of confidential data for ~~administrative, legal or tax purposes~~purposes that are not exclusively statistical or for the verification against the statistical data subjects should be strictly prohibited.

Amendment 28 #

Proposal for a regulation
Recital 24

(24) The use of confidential data for administrative, legal or tax purposes or for verification against the statistical ~~data subjec~~units should be strictly prohibited.

Amendment 29 #

Proposal for a regulation
Article 2

This Regulation establishes a legal framework for the development, production and dissemination of European Statistics. In compliance with the principle of subsidiarity and in accordance with the independence, integrity and accountability of the national and the Community authorities, European Statistics are relevant statistics necessary for the performance of the activities of the European Community. They European Statistics shall be developed, produced and disseminated in accordance with the European Statistical Programme. and in conformity with the statistical principles set out in Article 285(2) of the Treaty and i~~n Article 2 of this Regulation and~~mplemented in accordance within the ~~framework of the European Statistical Programme~~provisions of this Regulation.

Amendment 30 #

Proposal for a regulation
Article 2 – paragraph 1 – point a

(a) '~~professional~~scientific independence' meaning that statistics, in line with existing legal provisions and current scientific knowledge, must be developed, produced and disseminated in an independent manner, free from any pressures from political or interest groups or national or Community authorities particularly as regards the selection of techniques, definitions, methodologies and sources to be used, and the timing and content of all forms of dissemination;

Amendment 31 #

Wolf KLINZ

Proposal for a regulation
Article 2 – paragraph 1 – point a

Amendment 32 #

Proposal for a regulation
Article 2 – paragraph 1 – point a

(a) 'professional independence' meaning that statistics must be developed, produced and disseminated in an independent manner, free from any pressures from political or interest groups or national and community authorities particularly as regards the selection of techniques, definitions, methodologies and sources to be used, and the timing and content of all forms of dissemination;

Amendment 33 #

Proposal for a regulation
Article 2 – paragraph 1 – point b

(ba) 'impartiality' meaning that statistics must be developed, produced and disseminated in a neutral manner, and that all users must be given equal treatment particularly as regards simultaneous access to statistics;

Amendment 34 #

Proposal for a regulation
Article 2 – paragraph 1 – point e

(e) 'statistical confidentiality' meaning the protection of confidential data related to single statistical data subjects which are obtained directly for statistical purposes or indirectly from administrative or other sources; it implies the prohibition of use for non statistical purposes of the data obtained and of their unlawful disclosure. In particular, data may not be displayed in such a way as to allow the direct or indirect identification of statistical units;

Amendment 35 #

Proposal for a regulation
Article 2 – paragraph 1 – point e

(e) 'statistical confidentiality' meaning the protection of confidential data related to single statistical ~~data subjec~~units which are obtained directly for statistical purposes or indirectly from administrative or other sources; it implies the prohibition of use for non statistical purposes of the data obtained and of their unlawful disclosure;

Amendment 36 #

Proposal for a regulation
Article 3 – paragraph 8

8. 'confidential data' means data used by the national authorities and Eurostat for statistical purposes which allow statistical ~~data subjec~~units to be identified, either directly or indirectly, thereby disclosing individual information. To determine whether a statistical data subject is identifiable, account shall be taken of all relevant means that might reasonably be used by a third party to identify the statistical data subject;

Amendment 37 #

Proposal for a regulation
Article 3 – paragraph 13

(13) 'other staff of ~~the Commission (~~Eurostat)'’ means the servants of the Communities, within the meaning of Articles 2 to 5 of the Conditions of Employment of Other Servants of the European Communities, working ~~at the Commissio~~in (Eurostat).

Amendment 38 #

Proposal for a regulation
Article 4 – paragraph 1

1. The European Statistical System (ESS) is the partnership between the Community statistical authority, which is ~~the Commission (~~Eurostat), and the National Statistical Institutes (NSIs) and other authorities responsible in each Member State (national authorities) for the development, production and dissemination of European Statistics. The NSIs and other national authorities and Eurostat are responsible for the development, production and dissemination of European statistics in accordance with the subsidiarity principle.

Amendment 39 #

Proposal for a regulation
Article 5 – paragraph 1

1. The NSI of each Member State shall have responsibility for coordinating all activities at national level for the development, production and dissemination of European Statistics. Interdisciplinary cooperation and way of looking at statistics shall be sufficiently developed in cooperation with academic institutions. The Member States shall take the necessary measures to ensure the application of this provision.

Amendment 40 #

Proposal for a regulation
Article 5 – paragraph 1

1. ~~The NSI of e~~Each Member State shall ~~hav~~designate the NSI as the body having the responsibility for coordinating all activities at national level for the development, production and dissemination of European Statistics. The Member States shall take the necessary measures to ensure the application of this provision.

Amendment 41 #

Proposal for a regulation
Article 6 – paragraph -1 (new)

-1. Within the Commission, Eurostat (hereinafter referred to as "the Commission (Eurostat")) is the Directorate-General entrusted with the development, production, and dissemination of European Statistics pursuant to this Regulation and the applicable rules and procedures of the Commission.

Amendment 42 #

Proposal for a regulation
Article 6 – paragraph -1 (new)

-1. Within the Commission, Eurostat (hereinafter referred to as “the Commission (Eurostat)”) is the Directorate-General entrusted with the development, production, and dissemination of European Statistics pursuant to this Regulation and the applicable rules and procedures of the Commission.

Amendment 43 #

Proposal for a regulation
Article 6 – paragraph 1

1. ~~At Community level, the Commission (~~Within the Commission, the Director- General of Eurostat) shall ensure the production of European Statistics according to established rules and statistical principles; in this respect, ithe or she shall have the sole responsibility for deciding on processes, statistical methods, standards and procedures, and on the content and timing of statistical ~~releases.~~

Amendment 44 #

Proposal for a regulation
Article 6 – paragraph 1

2. ~~At Community level, the Commission (~~Within the Commission, the Director- General of Eurostat) shall ensure the production of European Statistics according to established rules and statistical principles; in this respect, ithe or she shall have the sole responsibility for deciding on processes, statistical methods, standards and procedures, and on the content and timing of statistical releases.

Amendment 45 #

Proposal for a regulation
Article 6 – paragraph 2

2. Without prejudice to Article 5 of the Protocol on the Statute of the European System of Central Banks (ESCB) and the European Central Bank (ECB), the Commission (Eurostat) shall coordinate the statistical activities of the institutions and bodies of the Community, in particular with a view to ensuring consistency and quality of the data and minimising response burden. To that end, the ~~Commission (~~Director- General of Eurostat) may invite any institution or body of the Community to consult and cooperate with it for the purpose of developing methods and systems for statistical purposes in their respective field of competence; any of these Institutions and bodies which may propose to produce statistics shall consult with the Commission (Eurostat) and take into account any recommendation that it may make to this effect.

Amendment 46 #

Proposal for a regulation
Article 6 – paragraph 2

Amendment 47 #

Proposal for a regulation
Article 6 a (new)

Article 6a European Statistical System Committee 1. The European Statistical System (ESS) Committee, referred to in Article 27, shall provide professional guidance to the ESS for developing, producing and disseminating European Statistics in line with the statistical principles. 2. The ESS Committee shall be composed of the Heads of the NSIs of the Member States. It shall be chaired by the Director- General of Eurostat. 3. The ESS Committee shall adopt its rules of procedure reflecting the tasks of the Committee. 4. The ESS Committee shall be consulted by the Commission in regard to (a) the measures which the Commission intends to take for the development, production and dissemination of European Statistics, their justification on a cost effectiveness basis, the means and timetables for achieving them, the reporting burden on survey respondents; (b) proposed developments and priorities in the European Statistical Programme c) initiatives to bring into practice reprioritization and reduction of response (d) issues concerning statistical confidentiality, (e) the further development of the Code of Practice attached to the Commission Recommendation of 25 May 2005 on the independence, integrity and accountability of the national and Community statistical authorities1; (f) any other questions, in particular issues of methodology, arising from the establishment or implementation of statistical programmes that are raised by its Chair, either on his or her own initiative or at the request of a Member State. 1 COM(2005)0217.

Amendment 48 #

Proposal for a regulation
Article 9 a (new)

Article 9a 1. A European Statistics Code of Practice shall aim at ensuring public trust in European statistics by establishing how European Statistics are to be developed, produced and disseminated in conformity with the statistical principles and best international statistical practice. 2. The Code shall be established by the ESS Committee and published by the Commission. It shall be reviewed and updated as necessary.

Amendment 49 #

Proposal for a regulation
Article 11 - paragraph 1

1. The European Statistical Programme shall provide the framework for the development, production and dissemination of European Statistics, the main fields and the objectives of the actions envisaged for a period not exceeding five years. Impact and cost effectiveness of it shall be assessed by external institution and it shall be decided by the European Parliament and the Council.

Amendment 50 #

Proposal for a regulation
Article 11 – paragraph 2

For each European Statistical Programme, the Commission shall submit to the ~~European Parliament and the Council~~ESS Committee an intermediate evaluation report during the third year of implementation of the programme and a final evaluation report within twelve months of the end of the programme period. These reports shall be forwarded to the European Parliament and the Council.

Amendment 51 #

Proposal for a regulation
Article 11 – paragraph 2 a (new)

2a. The Commission shall submit the draft of the European Statistical Programme to the ESS Committee for prior examination.

Amendment 52 #

Proposal for a regulation
Article 12 – paragraph 1 – point b

(b) ~~in exceptional cases, by the Commission under the conditions laid down in Article~~by the Commission in specific and duly justified cases, in particular to meet unexpected needs, in accordance with the provisions in paragraph 15a; or

Amendment 53 #

Proposal for a regulation
Article 12 – paragraph 1 a (new)

1a. The Commission may decide on a temporary direct statistical action in accordance with the regulatory procedure referred to in Article 27(2) provided that: (a) the action does not foresee data collection covering more than two reference years; (b) the data are already available or accessible within the national authorities responsible, or can be obtained directly, using the appropriate samples for the observation of the statistical population at European level with the adequate coordination with the national authorities; (c) The Community shall, in accordance with Council Regulation (EC) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities1, make financial contributions to the national authorities to cover the additional costs incurred by them. 1 OJ L 248, 16.9.2002, p. 1.

Amendment 54 #

Proposal for a regulation
Article 12 – paragraph 1 a (new)

Amendment 55 #

Proposal for a regulation
Article 12 – paragraph 2

2. In pursuing an action referred to in paragraphs 1(a) and 1(b), the Commission shall provide information on: (a) the reasons justifying the action, notably in the light of the aims of the Community policy concerned; (b) the objectives for the action and the expected results; (c) a cost effectiveness analysis, including an assessment of the burden on respondents; and of the production costs; (d) the ways the actions is carried out, including its duration and the role of the Commission and the national authorities.

Amendment 56 #

Proposal for a regulation
Article 13

In the individual statistical actions, synergies shall be developed, when possible, within the ESS through collaborative networks, by the sharing of expertise and results or by fostering specialisation on specific tasks. To this end, the Commission shall create an adequate financial structure ~~shall be developed~~.

Amendment 57 #

Proposal for a regulation
Article 14 – paragraph 1

1. The European Approach to Statistics aims at: (a) maximising the availability and timeliness of European totals where the production and dissemination of European Statistics may rely entirely or not on national data produced and disseminated by the national authorities of all Member States; (b) optimising the transmission of data and the release and revision of statistics where a coordinated policy and approach need to be establishedIn specific and duly justified cases and within the framework of the European Statistical Programme, the European Approach to Statistics aims at: (a) maximising the availability of statistical aggregates at European level and improving the timeliness of European Statistics; (b) reducing the burden on respondents and national authorities.

Amendment 58 #

Proposal for a regulation
Article 14 – paragraph 1

1. The European Approach to Statistics aims at: (a) maximising the availability and timeliness of European totals where the production and dissemination of European Statistics may rely entirely or not on national data produced and disseminated by the national authorities of all Member States (b) optimising the transmission of data and the release and revision of statistics where a coordinated policy and approach need to be establishedIn specific and duly justified cases and within the framework of the European Statistical Programme, the European Approach to Statistics aims at: (a) maximising the availability of statistical aggregates at European level and improving the timeliness of European Statistics; (b) reducing the burden on respondents and national authorities.

Amendment 59 #

Proposal for a regulation
Article 14 – paragraph 1 a (new)

1a. The cases where the European approach to statistics is relevant include: (a) the production of European Statistics by use of: - non-published national contributions or national contributions from a subset of Member States; - specifically designed survey schemes; - partial information by modelling techniques; (b) the dissemination of statistical aggregates at European level by applying specific statistical disclosure control techniques.

Amendment 60 #

Proposal for a regulation
Article 14 – paragraph 1 a (new)

Amendment 61 #

Proposal for a regulation
Article 14 – paragraph 2

2. ~~The m~~Measures to ~~take shall be determined in the individual statistical actions laid down in Article 12(1) for the sectoral statistical domains or in accordance with the regulatory procedure with scrutiny~~implement the European Approach shall be carried out with full involvement of Member States. These measures shall be laid down in the individual statistical actions referred to in Article 12(1).

Amendment 62 #

Proposal for a regulation
Article 14 – paragraph 2

2. The measures to ~~take shall be determined in the individual statistical actions laid down in Article 12(1) for the sectoral statistical domains or in accordance with the regulatory procedure with scrutiny.~~implement the European Approach to Statistics shall be carried out with full involvement of Member States and shall be laid down in the individual statistical actions referred to in Article 12(1)

Amendment 63 #

Proposal for a regulation
Article 14 – paragraph 2 a (new)

2a. If necessary, a coordinated release and revision policy shall be established in cooperation with Member States.

Amendment 64 #

Proposal for a regulation
Article 14 – paragraph 2 a (new)

2a. If necessary, a coordinated release and revision policy shall be established in cooperation with Member States.

Amendment 65 #

Proposal for a regulation
Article 15

Temporary direct statistical actions of the Commission (Eurostat) The Commission may decide on a temporary direct statistical action in accordance with the regulatory procedure referred to in Article 27(2) provided that: (a) the action does not exceed the duration of the European Statistical Programme in force at that time; (b) the data to be colArticle 15 delected are already available or accessible within the national authorities responsible, or the data can be obtained directly, using the appropriate samples for the observation of the statistical population at European level.

Amendment 66 #

Proposal for a regulation
Article 15

Temporary direct statistical actions of ~~the The~~ Commission (Eurostat) Eurostat Eurostat may decide on a temporary direct statistical action in accordance with the regulatory procedure referred to in Article 27(2) provided that: (a) the action does not ~~exceed the duration of the European Statistical Programme in force at that time;~~ last more than three years; (b) the data to be collected are already available or accessible within the national authorities responsible, or the data can be obtained directly, using the appropriate samples for the observation of the statistical population at European level. (ba) any additional costs accruing to Member States through this measure are borne by the Commission.

Amendment 67 #

Proposal for a regulation
Article 16 – introductory part

Each year, before the end of May, the Commission shall submit for examination by the ESS Committee its work programme for the following year. The Commission shall take the utmost account of the comments of the ESS Committee. This work programme shall be based on the European Statistical programme. This work programme shall indicate in particular:

Amendment 68 #

Proposal for a regulation
Article 16 – point a a (new)

(aa) Initiatives regarding prioritization and reductions of the response burden;

Amendment 69 #

Proposal for a regulation
Article 17 – paragraph 2

2. The ~~disseminat~~Commission of (Euro~~pean Statis~~stat), the NSIs and other national authoritices shall be ~~carried out by the Commission (Eurostat), the NSIs and other national authorities within their respective spheres of competence~~obliged within their respective spheres of competence to make available to the public in an appropriate manner European statistics, including their concepts, definitions and explanations without delay, unless determined otherwise by a legal act by the European Parliament or the Council.

Amendment 70 #

Proposal for a regulation
Article 17 – paragraph 2

2. ~~The dissemination of European Statis~~Eurostat, the NSIs and other national authoritices shall be ~~carried out by the Commission (Eurostat), the NSIs and other national authorities within their respective spheres of competence~~obliged within their respective spheres of competence to make available to the public in an appropriate manner European statistics, including their concepts, definitions and explanations without delay, unless determined otherwise by a legal act by the European Parliament or the Council.

Amendment 71 #

Proposal for a regulation
Article 17 – paragraph 3

3. Member States and the Commission, within their respective sphere of competence, shall provide the necessary support to ensure equality of access to European Statistics for all users.

Amendment 72 #

Proposal for a regulation
Article 19 – paragraph 2

2. ~~National authorities and the Commiss~~Confidential data obtained exclusively for the production (of Euro~~stat) shall ensure that the confidential data are used~~pean Statistics shall be used by national authorities and by the Commission (Eurostat) exclusively for statistical purposes unless the statistical ~~data subjects have consented in writing~~unit has unambiguously given its consent to their use for any other ~~specified~~ purposes.

Amendment 73 #

Proposal for a regulation
Article 19 – paragraph 3

3. Statistical results which may make it possible to identify a statistical ~~data subjec~~unit may be disseminated by the national authorities and the Commission (Eurostat) in the following exceptional cases~~; th~~: a) where specific conditions ~~shall be determined by Community Law~~and modalities are determined by an act of the European Parliament and of the Council acting in accordance with the procedure laid down in Article 251 of the Treaty. These results shall be amended in such a way that their dissemination does not prejudice statistical confidentiality whenever the statistical ~~data subject has so requested~~unit has so requested or b) where the statistical unit has unambiguously agreed to the disclosure of data.

Amendment 74 #

Proposal for a regulation
Article 19 – paragraph 4

4. NWithin their respective spheres of competence, national authorities and the Commission (Eurostat) shall take all necessary regulatory, administrative, technical and organisational measures to ensure the ~~harmonisation of methods, criteria and practices within the ESS as regards the~~ physical and logical protection of confidential data (Statistical Disclosure Control). ~~Measures to ensure the implementation of the first subparagraph~~National authorities and the Commission shall take all necessary measures to ensure the harmonisation of principles and guidelines as regards the physical and logical protection of confidential data. These measures shall be adopted by the Commission in accordance with the regulatory procedure referred to in Article 27 (2).

Amendment 75 #

Proposal for a regulation
Article 20 – paragraph 1

1. Transmission ~~between the national authorities and between the national authorities and the Commission (Eurostat), of confidential data~~of confidential data from an ESS authority, as referred to in Article 4, that collected the data to another ESS authority may take place provided that this transmission is necessary for the efficient development, production and dissemination of European Statistics~~. Any further transmission must be explicitly authorised by the national authority that collected the data~~ or for increasing the quality of European Statistics.

Amendment 76 #

Proposal for a regulation
Article 20 – paragraph 1

1. Transmission ~~between the national authorities and between the national authorities and the Commission (Eurostat), of confidential data~~of confidential data from an ESS authority, as referred to in Article 4, that collected the data to another ESS authority may take place provided that this transmission is necessary for the efficient development, production and dissemination of European Statistics~~. Any further transmission must be explic~~ or for increasing the qualitly ~~authorised by the national authority that collected the data~~of European Statistics.

Amendment 77 #

Proposal for a regulation
Article 20 – paragraph 1 a (new)

1a. Transmission of confidential data between an ESS authority that collected the data and an ESCB member may take place provided that this transmission is necessary for the efficient development, production and dissemination of European Statistics or for increasing the quality of European Statistics within the respective spheres of competence of the ESS and the ESCB.

Amendment 78 #

Proposal for a regulation
Article 20 – paragraph 1 a (new)

Amendment 79 #

Proposal for a regulation
Article 20 – paragraph 1 b (new)

1b. Any further transmission beyond the first transmission must be explicitly authorized by the authority that collected the data.

Amendment 80 #

Proposal for a regulation
Article 20 – paragraph 1 b (new)

1b. Any transmission beyond the first transmission must be explicitly authorized by the authority that collected the data.

Amendment 81 #

Proposal for a regulation
Article 20 – paragraph 2

2. National rules on statistical confidentiality may not be invoked to prevent the transmission of confidential data ~~where an act of Community law~~under paragraphs 1 and 1a where an act of the European Parliament and of the Council acting in accordance with the procedure laid down in Article 251 of the Treaty provides for the transmission of such data.

Amendment 82 #

Proposal for a regulation
Article 20 – paragraph 2

2. National rules on statistical confidentiality may not be invoked to prevent the transmission of confidential data under paragraph 1 and 1a where an act of Community law provides for the transmission of such data.

Amendment 83 #

Proposal for a regulation
Article 20 – paragraph 2

2. National rules on statistical confidentiality may not be invoked to prevent the transmission of confidential data where an act of ~~Community~~European Parliament and the Council law provides for ~~the~~ transmission of such data.

Amendment 84 #

Proposal for a regulation
Article 20 – paragraph 2 a (new)

2a. Confidential data transmitted according to the provisions of this Article shall be used exclusively for statistical purposes and only accessible to staff working in statistical activities within their specific domain of work.

Amendment 85 #

Proposal for a regulation
Article 20 – paragraph 2 a (new)

Amendment 86 #

Proposal for a regulation
Article 20 – paragraph 3

3. The exchange of confidential data for statistical purposes between the ESS and the ESCB may take place where deemed necessary for the development, production and dissemination of European or ESCB Statistics and if explicitly provided for in ~~Community~~European Parliament and Council law.

Amendment 87 #

Proposal for a regulation
Article 20 – paragraph 4

4. The pro~~tection measures~~visions on statistical confidentiality provided for in this Regulation shall apply to all confidential data transmitted within the ESS and between the ESS and the ESCB.

Amendment 88 #

Proposal for a regulation
Article 22

Access to confidential data which do not permit the direct identification of the units in question, may be granted at Community level by ~~the Commission (~~Eurostat) to researchers carrying out statistical analyses for scientific purposes. If the data have been transmitted to Eurostat the specific approval of the national authority which provided the data is required. The modalities, rules and conditions for access shall be established by the Commission. Such measures designed to amend non-essential elements of this Regulation by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 27(3). Provision may also be made therein that these data must not be deleted for a certain period of a time after the conclusion of the analysis with a view to subsequent analyses.

Amendment 89 #

Olle SCHMIDT

Proposal for a regulation
Article 24

Data obtained from sources lawfully available to the public ~~shall not be considered confidential for the purpose of dissemination of statistical information obtained from these data~~and which remain available to the public at the national authorities according to national legislation, shall not be considered confidential.

Amendment 90 #